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                                  * * * * *