Amend CSSB 1952 (HOUSE COMMITTEE PRINTING) by adding the
following new SECTIONS _____ on page 7, line 18 and renumbering
accordingly:
SECTION _____. Amend Section 1051.001, Occupations Code to
read as follows:
(3) "Interior design" means the:
(A) performance of professional services, for a
fee or other compensation, directly or indirectly, to another
person, or to a partnership, corporation, or other legal entity,
that include:
(1) preparing and filing interior design
construction documents with code enforcement officials for
nonstructional or non-seismic interior construction;
(2) obtaining building permits for
nonstructural or non-seismic interior construction;
(3) preparing documents to illustrate
materials, finishes, space planning, reflected ceiling plans,
furnishings, fixtures, and equipment;
(4) analyzing a client's needs, goals, and
life safety requirements while protecting the public health,
safety, and welfare;
(5) integrating findings with knowledge of
interior design;
(6) formulating preliminary design concepts
that are appropriate, functional, and aesthetic;
(7) developing and presenting final design
recommendations through appropriate presentation media;
(8) collaborating with closely allied
design professionals who are licensed practitioners offering
professional services as required for regulatory approval;
(9) preparing and administering bids and
contract documents as the client's agent; and
(10) reviewing and evaluating the
implementation of projects while in progress and on completion as a
representative of, and on behalf of, the client.
(B) The term "interior design" does not include
an act, service or work within the scope of the practice of
architecture as defined by Chapter 1051 of the Occupations Code or
an act, service or work within the scope of the practice of
engineering as defined by Chapter 1001 of the Occupations Code. The
term also does not include the performance of services relating to:
(1) structural, mechanical, plumbing,
heating, air conditioning, ventilation, electrical, or vertical
transportation systems;
(2) construction of stairwells; and
(3) construction that affects life-safety
systems including, but not limited to:
(a) performance of mechanical systems;
(b) fire safety protection;
(c) fire-rated vertical shafts and
multi-story structures;
(d) smoke evacuation and
compartmentalization;
(e) emergency sprinkler and alarm
systems; and
(f) emergency ingress and egress
systems.
SECTION _____. Section 1053.002, Occupations Code, is
amended to read as follows:
Sec. 1053.002. APPLICATION. (a) This chapter does not apply
to a person who:
(1) does not use the title "interior designer" and does
not use the term "interior design" to describe a service the person
offers or performs; or
(2) is registered to practice architecture in this
state, or works under the control, instruction or supervision of a
registered architect, if the architect does not use the term
"Registered Interior Designer" unless also registered under this
chapter.
(b) This chapter does not:
(1) prohibit an employee of a retail establishment from
providing consultations regarding interior decoration or
furnishings:
(A) on the premises of the retail establishment;
or
(B) in furtherance of a retail sale or
prospective retail sale [an interior designer or architect from
performing an interior design service under the control,
instruction, or supervision of the interior designer or architect];
[or]
(2) restrict the practice or activities of or the
provision of a service by a person engaged in a profession or
occupation for which the person is licensed or registered in this
state under any other law; or
(3) restrict the activities of a person who provides
decorative services or assistance in the selection of surface
materials, window coverings, wall coverings, paint, floor
coverings, surface-mounted fixtures, and loose furnishings not
subject to regulation.
SECTION _____. The heading to Subchapter D, Chapter 1053,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. REGISTRATION [REQUIREMENTS]
SECTION _____. Section 1053.151, Occupations Code, is
amended to read as follows:
Sec. 1053.151. REGISTRATION REQUIRED. A person other than
an interior designer may not:
(1) engage in the practice of interior design or offer
or attempt to engage in the practice of interior design unless the
person is registered under this chapter; or
(2) hold the person out as engaged in the practice of
interior design or, unless all interior design services provided by
the person are rendered by or under the responsible supervisory
control of a person registered under this chapter, represent:
(A) that the person is an "interior designer" by
using that title or the term "Registered Interior Designer"; or
(B) [(2) represent, by using the term "interior
design" a service the person offers or performs] that the person may
offer or perform an "interior design" service.
SECTION _____. Section 1053.152(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a certificate of registration, an
applicant must:
(1) meet the qualifications established by the board
under Subsection (a);
(2) pass the [registration] examination of the
National Council for Interior Design Qualification or a similar
national organization recognized by the board; [and]
(3) pay the required fees;
(4) hold a professional degree in interior design or
architecture conferred by a design program accredited by the
Foundation for Interior Design Education Research or a
substantially equivalent program, as determined by the board; and
(5) have two years of diversified experience as
determined by the board.
SECTION _____. Section 1053.154(b), Occupations Code, is
amended to read as follows:
(b) The examination must cover subjects established by and
must be graded according to board rules. The board by rule shall
[may] adopt the examination of the National Council for Interior
Design Qualification or a similar national organization recognized
by the board [comparable examination].
SECTION _____. Section 1053.160, Occupations Code by adding
a new Subsection (e) as follows:
(e) Construction documents that bear the seal of a
registered interior designer who holds a certificate from the
National Council for Interior Design Qualification shall be
accepted for filing by the appropriate jurisdiction or local
building department.
SECTION _____. Section 1053.201, Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a certificate of
registration issued under this chapter is valid for one year from
the date of issuance. [The board shall provide for the annual
renewal of a certificate of registration.]
(c) Effective December 1, 2005, to be eligible to renew a
certificate of registration, an interior designer who has not
passed the examination of the National Council for Interior Design
Qualification or an examination of a similar national organization
recognized by the board, must have:
(1) passed the building and barrier-free code section
of the examination of the National Council for Interior Design
Qualification or a similar national organization recognized by the
board; or and
(2) completed, in addition to the continuing education
requirements required for renewal of the certificate of
registration under Section 1053.205, 15 hours of board-approved
continuing education classes relating to building and barrier free
codes and regulations. the Texas Accessibility Standards and
building codes approved for adoption in Texas.
SECTION _____. Section 1053.351, Occupations Code, is
amended to read as follows:
Sec. 1053.351. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates [Section 1053.151 or a
standard of conduct adopted under] this chapter or a rule adopted
under this chapter.
(b) An offense under this section is a [Class C] misdemeanor
punishable by a fine of not less than $250 or more than $5,000. Each
day of violation constitutes a separate offense.
SECTION _____. Chapter 1053, Occupations Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. PRACTICE BY INTERIOR DESIGNER
Sec. 1053.401. SUPERVISION BY INTERIOR DESIGNER. Each
interior design office must have an interior designer or architect
who is responsible for interior design work performed at that
location. The interior designer or architect shall provide
responsible supervisory control over each nonregistered person
working at that location in the practice of interior design.
Responsible Supervisory Control is the direct responsibility for
supervision by an interior designer or architect of the work and
decision-making process, including the ability to review, enforce,
and control compliance with all design criteria and life safety
requirements. For purposes of this subdivision, supervision is not
required to be continuous and uninterrupted.
Sec. 1053.402. DUTIES TO CLIENT. (a) Before entering into a
contract with a client, an interior designer must clearly determine
and disclose the scope and nature of the project and the method of
compensation.
(b) An interior designer shall notify each client of the name
and address of the board.
Sec. 1053.404. COMPLIANCE WITH CERTAIN REQUIREMENTS. Each
interior designer shall practice in compliance with all applicable
building codes, fire codes, local regulations, and other safety
requirements adopted by the board or another regulatory entity
implemented to prohibit practice by persons who:
(1) fail to practice within the bounds of minimum
competency requirements; or
(2) otherwise present a danger to the public.
SECTION _____. Section 1053.158, Occupations Code, is
repealed.
SECTION _____. The Texas Board of Architectural Examiners
shall issue a certificate of registration as an interior designer
to a person who applies for registration as an interior designer
with the board and pays the required fees before the second
anniversary of the effective date of this Act if the person presents
evidence satisfactory to the board that the person has passed the
examination of the National Council for Interior Design
Qualification or a similar national organization recognized by the
board.
SECTION _____ (a) The change in law made by this Act to
Section 1053.351, Occupations Code, applies only to the punishment
for an offense committed on or after the effective date of this Act.
For purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION _____. The Texas Board of Architectural Examiners
shall adopt rules as required by Chapter 1053, Occupations Code, as
amended by this Act, not later than December 1, 2003.
SECTION _____. The change in law made by this Act to Section
1053.201, Occupations Code, takes effect September 1, 2003, and
applies only to an application for an initial or renewal interior
designer certificate of registration that is filed with the Texas
Board of Architectural Examiners on or after January 1, 2004. An
application filed before January 1, 2004, is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.