C.S.S.B. 283 78(R)    BILL ANALYSIS

C.S.S.B. 283
By: Jackson
Licensing & Administrative Procedures
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Legislature created the Texas Board of Architectural Examiners (Board)
in 1937 to regulate architects, and added to the Board's duties the
regulation of landscape architects and interior designers in 1979 and
1991, respectively.  The Board's three key functions are licensing
qualified applicants, ensuring compliance with Board rules and statutes,
and providing information to licensees and the public. The Board is
subject to the Sunset Act and will be abolished on September 1, 2003,
unless continued by the Legislature.  As a result of its review of the
Board, the Sunset Advisory Commission recommended continuation of the
agency and several statutory modifications that are contained in this
legislation. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Board of Architectural Examiners in SECTION 1.21
(Sections 1051.207 and 1051.208, Occupations Code); SECTION 2.06 (Section
1051.252(a), Occupations Code); SECTION 2.08 (Sections 1051.301, 1051.303,
and 1051.306, Occupations Code); SECTION 2.13 (Section 1051.402,
Occupations Code); SECTION 2.16 (Section 1051.452(c), Occupations Code);
SECTION 2.21 (Section 1051.504(e), Occupations Code) of this bill. 


ANALYSIS

The substitute  amends the Occupations Code relating to the continuation
and functions of the Texas Board of Architectural Examiners.  The bill
also incorporates several standard across-the-board recommendations of the
Sunset Commission. 

Continuation of the Board: The substitute continues the Texas Board of
Architectural Examiners until September 1, 2015.  

Composition of the Board: The substitute changes the composition of the
Board by reducing the number of architect members on the Board from four
to three, and by increasing the number of interior design members on the
Board from one to two.  The substitute also adds that members appointed to
the Board to represent a specific profession may not be registered to
practice another profession regulated by the Board.  

Enforcement Tools: The substitute authorizes the Board to issue
cease-and-desist orders after providing notice and the opportunity for a
hearing.  The substitute also authorizes the Board to require restitution
as part of Board orders, and specifies that the Board may only require
restitution in the amount the consumer paid to the licensee; the Board may
not require payment of other damages or estimated harm.  Further, the
substitute increases the maximum administrative penalty the Board may levy
for each of its statutes from $1,000 to $5,000 per violation.  

Licensing and Enforcement Process: The substitute authorizes the Board to
delegate the collection of examination fees to the person who conducts the
examinations.  The substitute conforms the Board's statutes concerning
hearings and appeals to the Administrative Procedure Act and the enabling
statute of the State Office of Administrative Hearings.  The substitute
also standardizes the statutory grounds for disciplinary action in the
Board's three statutes, and requires the Board to make public all
disciplinary orders and sanctions.   
 
Registration of Firms: C.S.H.B. 1790 permits the Board to require, by
rule, firms, partnerships, corporations or associations that practice
architecture, landscape architecture or interior design to register with
the Board. 
  
Projects Requiring Architects and Landscape Architects: The substitute
requires an architect to design buildings exceeding 5,000 square feet or
two stories in height.  The substitute allows nonarchitects to design
warehouses that have limited public access.   

The substitute requires persons to be registered by the Board as landscape
architects if they design spaces in the landscape that are for public
accommodation or otherwise affect the public health, safety, or welfare.
The provision exempts architects, engineers and land surveyors licensed in
Texas.  

Joint Practice Committee: The substitute requires the Board to form a
joint practice committee with the Board of Professional Engineers.  The
substitute requires the joint committee to work to resolve issues that
result from the overlap between the practices of engineering and
architecture, and between the practices of engineering and landscape
architecture.  The committee consists of three members from each board and
must meet at least twice a year.  

Conforming Changes: The substitute makes conforming changes throughout the
substitute to help standardize the Board's three statutes.  

The board is required to adopt rules and fees not later than March 1, 2004.


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute changes the composition of the Board by reducing the number
of architect members from four to three and by increasing the number of
interior design members from one to two.  The substitute also specifies
that a member appointed to represent a specific profession may not be
registered to practice another profession regulated by the Board. 

The substitute authorizes the Board to require architecture, landscape
architecture, and interior design firms to register with the Board. 

The substitute requires an architect to design buildings exceeding 5,000
square feet or two stories in height.  In contrast, the original required
architects for buildings exceeding 20,000 square feet or two stories in
height.  

The substitute requires persons to be registered by the Board as landscape
architects if they design landscapes that are for public accommodations or
otherwise affect the public health, safety, or welfare