C.S.H.B. 1526 78(R)    BILL ANALYSIS


C.S.H.B. 1526
By: Geren
Licensing & Administrative Procedures
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Texas Board of Architectural Examiners (board) has sought to address a
problem whereby registration fees paid by retired registrants who had
reached the age of 62 were lower and waive the $200 professional fee paid
by such registrants if they were architects. Legal counsel has opined that
waiving the fee is not authorized in statute. 

Through research, the board learned that many registrants who held this
special status most valued their ability to pay reduced registration fees
because they were no longer earning full salaries. The board also learned
that many were appreciative of the status of  what had been long careers
that involved the payment of significant amounts of money to the State. 

According to registrants' feedback, the board created a special status for
these people to charge lower fees to "inactive" registrants.
Unfortunately, this was not a final solution because a number of the
registrants want to be able to practice their professions on a limited
basis without having to pay excessive renewal fees. 

CSHB 1526 recognizes the contributions of these long time registered
professionals and created an "emeritus" registration status that includes
a reduced registration renewal fee. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Board of Architectural Examiners in SECTION 1
(Section 1051.357, Occupations Code) of this bill. 


ANALYSIS

The substitute prescribes that an architect is eligible for emeritus
status if the architect has been an architect for 20 years and is 65 years
of age or older. Also a registered emeritus status individual  is
prohibited from the practice of architecture except in plan preparation
and specifications explained in Section 1051.056(a) (3) or (4); may use
the title of "emeritus architect or architect emeritus" and pay a renewal
fee established by the board; is exempt from continuing education
requirements in this chapter. 

The substitute also establishes the procedure by which an individual may
have a certificate of emeritus status removed by the board. The procedure
includes; written request by the person, payment of an administrative fee
and completion of education or other requirements established by the
board. 

The renewal fee must not be excessive to an amount reasonable and
necessary to recover costs. 

Not later than January 1, 2004, the board is required to adopt rules and
set fees prescribed by the bill. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

Adds to caption by removing part-time architects.

Deletes old language in qualification for emeritus status Subsection
(b)(2), while adding new language that states someone must be 65 years of
age or older. 

Alters language in Subsection (c)(1), from not allowing to practice
architecture except for plan preparation to may not practice architecture
full-time. Also adds Subsection (c)(2) to allow use of "emeritus
architect" title. And in Subsection (c)(3) new language allows the board
to establish the renewal fee, instead of the old language which mandated
the fee not exceed $50.00. The substitute also adds Subsection (c)(4) to
exempt "architects emeritus" from continuing education requirements. 

The substitute deletes Subsection (d) that provided the board authority to
define full-time status and restrict professional activities and renumbers
accordingly causing Subsection (e) to now be numbers as Subsection (d). 

Subsection (e) was added to prohibit the board from exceeding "reasonable
and necessary costs" to charge for a renewal fee.