1-1 By: Farrar (Senate Sponsor - Lucio) H.B. No. 1706
1-2 (In the Senate - Received from the House May 9, 2001;
1-3 May 10, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of architecture, landscape architecture,
1-9 and interior design by the Texas Board of Architectural Examiners.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 7A, Chapter 478, Acts of the 45th
1-12 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
1-13 Civil Statutes), is reenacted and amended to read as follows:
1-14 Sec. 7A. EXAMINATION FEE SCHOLARSHIPS [SCHOLARSHIP FUND].
1-15 (a) The Board shall deposit the examination fee scholarship
1-16 portion [$10] of each certificate of registration renewal fee
1-17 collected under Section 11A(b) or 12(c) of this Act to the credit
1-18 of the scholarship fund for architectural examination applicants.
1-19 The scholarship fund for architectural examination applicants is an
1-20 account in the general revenue fund that may be appropriated only
1-21 to the Board to:
1-22 (1) provide scholarships to persons applying under
1-23 Section 6(b) of this Act for examination; and
1-24 (2) pay the [Board's associated] administrative costs
1-25 associated with the examination fee scholarship program.
1-26 (b) Interest earned on the scholarship fund for
1-27 architectural examination applicants shall be credited to the fund.
1-28 At the end of each state fiscal year, any unexpended balance in the
1-29 scholarship fund shall remain in the fund.
1-30 (c) Not [The Board may not use] more than 15 percent of the
1-31 amount appropriated to the Board under Subsection (a) of this
1-32 section may be used to pay the scholarship program's [Board's]
1-33 administrative costs. The Board may contract with the Texas
1-34 Higher Education Coordinating Board or a private entity to
1-35 administer the examination fee scholarship program established
1-36 under this section.
1-37 (d) The amount of each scholarship is the lesser of $500 or
1-38 the fee prescribed by the Board for the examination.
1-39 (e) The legislature finds that a public purpose of the state
1-40 is served by the scholarships awarded under this section by:
1-41 (1) promoting the professional needs of the state;
1-42 (2) increasing the number of highly trained and
1-43 educated registered architects available to serve the residents of
1-44 the state;
1-45 (3) improving the state's business environment and
1-46 encouraging economic development; and
1-47 (4) identifying, recognizing, and supporting
1-48 outstanding applicants who plan to pursue careers in architecture.
1-49 (f) The Board shall provide for the awarding of [establish
1-50 and administer] scholarships in a manner that the Board determines
1-51 best serves the public purpose of the scholarships. In determining
1-52 what best promotes the public purpose, the Board shall consider at
1-53 a minimum:
1-54 (1) the financial need of each person applying for a
1-55 scholarship under this section; and
1-56 (2) the importance of distributing the scholarships
1-57 among applicants who are graduates of the various universities or
1-58 colleges of architecture in this state.
1-59 (g) The Board shall adopt rules as necessary for the
1-60 administration of this section.
1-61 SECTION 2. Section 11(b), Chapter 478, Acts of the 45th
1-62 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
1-63 Civil Statutes), is amended to read as follows:
1-64 (b) The Board may revoke or suspend a registration
2-1 certificate, place on probation a person whose registration
2-2 certificate has been suspended, reprimand a person registered under
2-3 this Act, or assess an administrative penalty against a person,
2-4 regardless of the person's registration status, in an amount not to
2-5 exceed $1,000 on the following grounds:
2-6 (1) a violation of this Act or of a rule of the Board
2-7 adopted under this Act;
2-8 (2) a cause for which the Board is authorized to
2-9 refuse to grant a registration certificate;
2-10 (3) gross incompetency;
2-11 (4) recklessness in the construction or alteration of
2-12 a building by an architect designing, planning, or observing the
2-13 construction or alteration;
2-14 (5) dishonest practice by one holding a registration
2-15 certificate; or
2-16 (6) for failing to provide or to timely provide [plans
2-17 and specifications] to the Texas Department of Licensing and
2-18 Regulation any document designated [as required] by Article 9102,
2-19 Revised Statutes, as a document the person is required to provide
2-20 to the department.
2-21 SECTION 3. Section 11A(b), Chapter 478, Acts of the 45th
2-22 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 (b) A registered architect whose certificate of registration
2-25 is on inactive status must pay an annual [a] certificate of
2-26 registration renewal fee [of $10] on a date and in a manner
2-27 prescribed by Board rule. The Board shall prescribe the renewal
2-28 fee under this subsection in an amount equal to the sum of:
2-29 (1) the amount determined by the Board as reasonable
2-30 and necessary to cover the costs of administering this section; and
2-31 (2) the additional amount required under Section
2-32 12(c)(1)(B) of this Act for the examination fee scholarship
2-33 program.
2-34 SECTION 4. Section 12(c), Chapter 478, Acts of the 45th
2-35 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-36 Civil Statutes), is amended to read as follows:
2-37 (c) The Board shall set the required renewal fee for:
2-38 (1) residents in an amount equal to the sum of:
2-39 (A) the amount determined by the Board as [that
2-40 is] reasonable and necessary to cover administrative costs; and
2-41 (B) an amount, not to exceed $10, determined
2-42 annually by the Board as reasonable and necessary for the
2-43 administration of the examination fee scholarship program under
2-44 Section 11A of this Act; and
2-45 (2) [plus $10. The required renewal fee for]
2-46 nonresidents [shall be] in an amount determined by the Board.
2-47 SECTION 5. Section 6A(b), Chapter 457, Acts of the 61st
2-48 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
2-49 Civil Statutes), is amended to read as follows:
2-50 (b) A registered landscape architect whose certificate of
2-51 registration is on inactive status shall [is not required to] pay
2-52 an annual certificate of registration renewal fee on a date and in
2-53 a manner prescribed by board rule. The board shall prescribe the
2-54 renewal fee under this subsection in an amount determined by the
2-55 board as reasonable and necessary to cover the costs of
2-56 administering this section [fees].
2-57 SECTION 6. Section 8(a), Chapter 457, Acts of the 61st
2-58 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
2-59 Civil Statutes), is amended to read as follows:
2-60 (a) The board may revoke or suspend a certificate of
2-61 registration, place on probation a person whose certificate of
2-62 registration has been suspended, reprimand a person registered
2-63 under this Act, or assess an administrative penalty against a
2-64 person, regardless of the person's registration status, in an
2-65 amount not to exceed $1,000 on the following grounds:
2-66 (1) Violations of provisions of this Act or of a rule
2-67 of the board adopted under this Act;
2-68 (2) The practice of any fraud or deceit in obtaining a
2-69 certificate of registration;
3-1 (3) Any gross negligence, incompetency, or misconduct
3-2 in the practice of landscape architecture;
3-3 (4) Holding himself out to the public or any member
3-4 thereof as an engineer or making use of the words "engineer,"
3-5 "engineered," "professional engineer," "P.E.," or any other terms
3-6 tending to create the impression that such registrant is authorized
3-7 to practice engineering or any other profession unless he is
3-8 licensed under provisions of the Texas Engineering Practice Act or
3-9 the other applicable licensing laws of this state;[.]
3-10 (5) Holding himself out to the public or any member
3-11 thereof as a surveyor or making use of the words "surveyor,"
3-12 "surveyed," "registered professional land surveyor," or any other
3-13 terms tending to create the impression that such registrant is
3-14 authorized to practice surveying or any other profession unless he
3-15 is licensed under the Professional Land Surveying Practices Act
3-16 (Article 5282c, Vernon's Texas Civil Statutes) or the other
3-17 applicable licensing laws of this state; or
3-18 (6) Failing to provide or to timely provide to the
3-19 Texas Department of Licensing and Regulation any document
3-20 designated by Article 9102, Revised Statutes, as a document the
3-21 person is required to provide to the department.
3-22 SECTION 7. Section 8A, Chapter 457, Acts of the 61st
3-23 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
3-24 Civil Statutes), is amended to read as follows:
3-25 Sec. 8A. RESTRICTIONS ON ADVERTISING AND COMPETITIVE
3-26 BIDDING. (a) Except as provided by Subsection (b) of this section,
3-27 the [The] board may not adopt rules restricting advertising or
3-28 competitive bidding by registrants except to prohibit false,
3-29 misleading, or deceptive practices by registrants.
3-30 (b) The board shall adopt rules to prevent a person
3-31 regulated by the board from submitting a competitive bid to, or
3-32 soliciting a competitive bid on behalf of, a governmental entity
3-33 that is prohibited by Subchapter A, Chapter 2254, Government Code,
3-34 from making a selection or awarding a contract on the basis of
3-35 competitive bids.
3-36 SECTION 8. Section 13A(b), Article 249e, Revised Statutes, is
3-37 amended to read as follows:
3-38 (b) A registered interior designer whose certificate of
3-39 registration is on inactive status shall [is not required to] pay
3-40 an annual certificate of registration renewal fee on a date and in
3-41 a manner prescribed by board rule. The board shall prescribe the
3-42 renewal fee under this subsection in an amount determined by the
3-43 board as reasonable and necessary to cover the costs of
3-44 administering this section [fees].
3-45 SECTION 9. Section 15(a), Article 249e, Revised Statutes, is
3-46 amended to read as follows:
3-47 (a) The board shall deny registration of an applicant or may
3-48 revoke or suspend a registration certificate, place on probation a
3-49 registrant whose certificate has been suspended, or reprimand a
3-50 registrant if the applicant or registrant has:
3-51 (1) been convicted of a felony or of a misdemeanor
3-52 involving moral turpitude;
3-53 (2) obtained or attempted to obtain a registration
3-54 certificate by fraud or deception;
3-55 (3) been grossly negligent in performing professional
3-56 duties;
3-57 (4) practiced in a manner detrimental to the public
3-58 health, safety, or welfare;
3-59 (5) advertised in a manner that tends to deceive or
3-60 defraud the public;
3-61 (6) aided or abetted any person not registered under
3-62 this article in violating this article; [or]
3-63 (7) failed to comply with the requirements of this
3-64 article or with a rule of the board adopted under this article; or
3-65 (8) failed to provide or to timely provide to the
3-66 Texas Department of Licensing and Regulation any document
3-67 designated by Article 9102, Revised Statutes, as a document the
3-68 person is required to provide to the department.
3-69 SECTION 10. Subchapter C, Chapter 61, Education Code, is
4-1 amended by adding Section 61.0822 to read as follows:
4-2 Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF ARCHITECTURAL
4-3 EXAMINERS. The board may contract with the Texas Board of
4-4 Architectural Examiners to administer the examination fee
4-5 scholarship program established under Section 7A, Chapter 478,
4-6 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
4-7 Vernon's Texas Civil Statutes).
4-8 SECTION 11. The change in law made by this Act to Section 7A,
4-9 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
4-10 (Article 249a, Vernon's Texas Civil Statutes), in addition to other
4-11 substantive changes made to that section, is intended to:
4-12 (1) re-create the scholarship fund for architectural
4-13 examination applicants, established by Section 1.10, Chapter 1371,
4-14 Acts of the 76th Legislature, Regular Session, 1999, as a separate
4-15 account in the general revenue fund; and
4-16 (2) rededicate the revenue to be deposited in that
4-17 account.
4-18 SECTION 12. (a) This Act takes effect September 1, 2001.
4-19 (b) The change in law made by this Act to Section 11(b),
4-20 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
4-21 (Article 249a, Vernon's Texas Civil Statutes); Section 8(a),
4-22 Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
4-23 (Article 249c, Vernon's Texas Civil Statutes); and Section 15(a),
4-24 Article 249e, Revised Statutes, applies only to a disciplinary
4-25 proceeding for an act or omission that occurs on or after the
4-26 effective date of this Act. An act or omission that occurs before
4-27 the effective date of this Act is governed by the law in effect on
4-28 the date the act or omission occurred, and the former law is
4-29 continued in effect for that purpose.
4-30 (c) The change in law made by this Act to Section 11A(b),
4-31 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
4-32 (Article 249a, Vernon's Texas Civil Statutes), applies only to the
4-33 payment by a registration holder on inactive status of a renewal
4-34 fee that becomes due on or after January 1, 2002.
4-35 (d) The Texas Board of Architectural Examiners shall
4-36 prescribe fees as required by Section 12(c), Chapter 478, Acts of
4-37 the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
4-38 Texas Civil Statutes), as amended by this Act, not later than
4-39 January 1, 2002.
4-40 (e) The change in law made by this Act to Section 12(c),
4-41 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
4-42 (Article 249a, Vernon's Texas Civil Statutes), applies only to the
4-43 renewal of a certificate of registration that expires on or after
4-44 January 1, 2002. A certificate of registration that expires before
4-45 that date is governed by the law in effect immediately before the
4-46 effective date of this Act, and the former law is continued in
4-47 effect for that purpose.
4-48 (f) The Texas Board of Architectural Examiners shall adopt
4-49 rules under Section 6A(b), Chapter 457, Acts of the 61st
4-50 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
4-51 Civil Statutes), as amended by this Act, and Section 13A(b),
4-52 Article 249e, Revised Statutes, as amended by this Act, not later
4-53 than January 1, 2002, to establish renewal dates and procedures for
4-54 a person on inactive status.
4-55 (g) The Texas Board of Architectural Examiners shall adopt
4-56 rules under Section 8A(b), Chapter 457, Acts of the 61st
4-57 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
4-58 Civil Statutes), as added by this Act, not later than January 1,
4-59 2002.
4-60 * * * * *