SRC-JLB C.S.S.B. 283 78(R)BILL ANALYSIS
Senate Research CenterC.S.S.B. 283
78R11086 SLO-DBy: Jackson
Government Organization
4/12/2003
Committee Report (Substituted)
DIGEST AND PURPOSE
The Texas Board of Architectural Examiners (board) is subject to the
Sunset Act and will be abolished on September 1, 2003, unless continued by
the Texas Legislature. The Sunset review found that the board provides a
needed function and that the board is generally successful in its mission.
C.S.S.B. 283 continues the board for 12 years and makes certain
provisions.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Board of
Architectural Examiners is modified in SECTION 1.13 (Section 1051.202,
Occupations Code), and SECTION 2.11 (Section 1051.355, Occupations Code)
of this bill.
Rulemaking authority is expressly granted to the Texas Board of
Architectural Examiners in SECTION 1.20 (Section 1051.207, Section
1051.208, and Section 1051.211, Occupations Code), SECTION 2.06 (Section
1051.252, Occupations Code), SECTION 2.08 (Section 1051.301 and Section
1051.303, Occupations Code), SECTION 2.13 (Section 1051.402, Occupations
Code), and SECTION 2.16 (Section 1051.452, Occupations Code), and SECTION
2.21 (Section 1051.504, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. PROVISIONS AFFECTING THE BOARD OF ARCHITECTURAL EXAMINERS AND
RELATED ADMINISTRATIVE MATTERS
SECTION 1.01. Amends the heading to Chapter 1051, Occupations Code, to
read as follows:
CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL PROVISIONS
AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS;
PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 1.02. Amends Chapter 1051, Occupations Code, by adding a heading
for a new Part 1 of that chapter, to read as follows:
PART 1. GENERAL PROVISIONS; BOARD OF ARCHITECTURAL EXAMINERS
SECTION 1.03. Provides that Subchapters A, C, D, and E, Chapter 1051,
Occupations Code, are designated as part of the new Part 1 of Chapter
1051.
SECTION 1.04. Amends Sections 1051.001, 1051.002, and 1051.004,
Occupations Code, as follows:
Sec. 1051.001. DEFINITIONS. Defines "interior design," "interior
designer," "landscape architect," and "landscape architecture." Makes a
conforming change.
Sec. 1051.002. EFFECT ON MUNICIPALITY. Provides that this subtitle,
rather than chapter, does not preempt a municipal ordinance or restrict or
expand the authority of a municipality.
Sec. 1051.003. APPLICATION OF SUNSET ACT. Redesignated from existing
Section 1051.004. Provides that the Texas Board of Architectural
Examiners (board) is subject to Chapter 325, Government Code (Texas Sunset
Act). Provides that unless continued in existence as provided by that
chapter the board is abolished and this subtitle, rather than chapter,
expires September 1, 2015, rather than 2003.
SECTION 1.05. Amends the heading to existing Subchapter C, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER B. [Redesignated from C.] TEXAS BOARD OF ARCHITECTURAL
EXAMINERS
SECTION 1.06. Amends Section 1051.103, Occupations Code, as follows:
Sec. 1051.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) Redefines
"Texas trade association."
(b) and (c) Adds standard Sunset language regarding conflicts of interest
for board members and employees.
SECTION 1.07. Amends Sections 1051.105(a) and (c), Occupations Code, as
follows:
(a) Provides that there are certain grounds for removal from the board.
(c) Adds standard Sunset language regarding notification when grounds for
removal exist.
SECTION 1.08. Amends Subchapter C, Chapter 1051, Occupations Code, by
adding Section 1051.112, as follows:
Sec. 1051.112. TRAINING. Adds standard Sunset language regarding
training for board members.
SECTION 1.09. Amends the heading to existing Subchapter D, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER C. [Redesignated from D.] EXECUTIVE DIRECTOR AND PERSONNEL
SECTION 1.10. Amends Sections 1051.153, 1051.154, and 1051.156,
Occupations Code, as follows:
Sec. 1051.153. DIVISION OF RESPONSIBILITIES. Requires the board to
develop and implement policies that clearly separate the policymaking
responsibilities of the board and the management responsibilities of the
executive director and the staff of the board.
Sec. 1051.154. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.
Requires the executive director or the executive director's designee to
provide to members of the board and to agency employees, as often as
necessary, information regarding the requirements for office or employment
under this chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of conduct
for state officers or employees.
Sec. 1051.156. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) Requires
the executive director or the executive director's designee to prepare and
maintain a written policy statement that implements a program of equal
employment opportunity to ensure that all personnel decisions are made
without regard to race, color, disability, sex, religion, age, or national
origin.
(b) Requires the policy statement to include certain information.
(c) Requires the policy statement to meet certain requirements.
SECTION 1.11. Amends Subchapter D, Chapter 1051, Occupations Code, by
adding Section 1051.157, as follows:
Sec. 1051.157. INFORMATION ON STATE EMPLOYEE INCENTIVE PROGRAM. Requires
the executive director or the executive director's designee to provide to
board employees information and training on the benefits and methods of
participation in the state employee incentive program under Subchapter B,
Chapter 2108, Government Code.
SECTION 1.12. Amends the heading to existing Subchapter E, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER D. [Redesignated from E.] BOARD POWERS AND DUTIES
SECTION 1.13. Amends Section 1051.202, Occupations Code, as follows:
Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. Requires the board to adopt
reasonable rules and bylaws and prescribe forms as necessary to administer
or enforce this subtitle, including rules regulating the practices of
architecture, landscape architecture, and interior design.
SECTION 1.14. Amends Sections 1051.203(a) and (b), Occupations Code, as
follows:
(a) Prohibits the board from adopting rules restricting advertising or
competitive bidding by a certificate holder except to prohibit false,
misleading, or deceptive practices.
(b) Prohibits the board, in its rules to prohibit false, misleading, or
deceptive practices, from including a rule that makes certain
restrictions.
SECTION 1.15. Amends the heading to existing Section 1051.207,
Occupations Code, to read as follows:
Sec. 1051.204. [Redesignated from 1051.207] SUBPOENA.
SECTION 1.16. Amends Section 1051.207(a), Occupations Code, to make a
conforming change.
SECTION 1.17. Amends the heading to existing Section 1051.208,
Occupations Code, to read as follows:
Sec. 1051.205. [Redesignated from 1051.208] PUBLIC RECORDS.
SECTION 1.18. Amends Section 1051.208, Occupations Code, by amending
Subsection (b) and adding Subsection (d), as follows:
(b) Requires the records to include certain information.
(d) Requires the board to maintain records or an official roster showing
certain information.
SECTION 1.19. Amends the heading to existing Section 1051.209,
Occupations Code, to read as follows:
Sec. 1051.206. [Redesignated from 1051.209.] BOARD SEAL.
SECTION 1.20. Amends Subchapter E, Chapter 1051, Occupations Code, by
adding Sections 1051.207-1051.212, as follows:
Sec. 1051.207. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. Requires the
board to adopt rules as necessary to comply with Chapter 53.
Sec. 1051.208. STANDARDS OF CONDUCT. Requires the board by rule to
establish standards of conduct for persons regulated under this subtitle.
Sec. 1051.209. ATTORNEY GENERAL AS LEGAL ADVISOR. Requires the attorney
general to act as legal advisor to the board and to provide legal
assistance to enforce this subtitle. Provides that this section does not
relieve a local prosecuting attorney of any duty under the law.
Sec. 1051.210. TECHNOLOGY POLICY. Requires the board to develop and
implement a policy that requires the executive director and board
employees to research and propose appropriate technological solutions to
improve the board's ability to perform its functions. Requires the
technological solutions to meet certain criteria.
Sec. 1051.211. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.
(a) Requires the board to develop and implement a policy to encourage the
use of certain procedures.
(b) Requires the board's procedures relating to alternative dispute
resolution to conform, to the extent possible, to any model guidelines
issued by the State Office of Administrative Hearings for the use of
alternative dispute resolution by state agencies.
(c) Requires the board to designate a trained person to perform certain
acts.
Sec. 1051.212. JOINT ADVISORY COMMITTEE ON THE PRACTICES OF ENGINEERING,
ARCHITECTURE, AND LANDSCAPE ARCHITECTURE. (a) Provides that the Joint
Advisory Committee on the Practices of Engineering, Architecture, and
Landscape Architecture is an advisory committee to the board and to the
Texas Board of Professional Engineers. Provides that the advisory
committee consists of certain members.
(b) Provides that members of the advisory committee serve staggered
six-year terms, with the terms of one member appointed by the board and
one member appointed by the Texas Board of Professional Engineers expiring
each oddnumbered year.
(c) Requires the advisory committee to meet at least twice a year.
(d) Requires the advisory committee to work to resolve issues that result
from the overlap between activities that constitute the practice of
engineering and architecture and those that constitute the practice of
engineering and landscape architecture. Requires the advisory committee
to assist each agency in protecting the public rather than advancing the
interests of either agency or the profession it regulates.
(e) Requires the advisory committee to issue advisory opinions to the
board and to the Texas Board of Professional Engineers on matters relating
to the practice of engineering and the practice of architecture or
landscape architecture, including certain opinions, proceedings, and acts.
(f) Requires an agency, if the advisory committee issues an advisory
opinion to the board or the Texas Board of Professional Engineers on a
matter, to notify the committee of the final action taken with regard to
the matter. Requires the advisory committee to consider the action taken
by the agency on the matter in any advisory opinion subsequently issued by
the committee on a related matter.
(g) Requires the board and the Texas Board of Professional Engineers to
enter into a memorandum of understanding regarding the advisory committee
that includes the composition and purpose of the committee.
ARTICLE 2. PROVISIONS AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, AND
INTERIOR DESIGNERS
SECTION 2.01. Amends Chapter 1051, Occupations Code, by adding a heading
for a new Part 2 of that chapter, as follows:
PART 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS, LANDSCAPE ARCHITECTS,
AND INTERIOR DESIGNERS
SECTION 2.02. Designates Subchapters F, H, J, and K, Chapter 1051,
Occupations Code, as part of the new Part 2 of Chapter 1051.
SECTION 2.03. Amends the heading to existing Subchapter F, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER E. [Redesignated from F.] PUBLIC INTEREST INFORMATION AND
COMPLAINT PROCEDURES
SECTION 2.04. Amends the heading to Section 1051.251, Occupations Code,
to read as follows:
Sec. 1051.251. PUBLIC INTEREST INFORMATION; DISPLAY OF CERTIFICATE.
SECTION 2.05. Amends Section 1051.251, Occupations Code, by amending
Subsection (a) and adding Subsections (c) and (d), as follows:
(a) Makes a conforming change.
(c) Requires the person, in each written contract in which a person
registered under this subtitle agrees to practice the person's profession
in this state, to include the name, mailing address, and telephone number
of the board and a statement that the board has jurisdiction over a person
registered under this subtitle.
(d) Requires a person registered under this subtitle to prominently
display the person's certificate of registration in the person's place of
business.
SECTION 2.06. Amends Sections 1051.252 and 1051.253, Occupations Code, as
follows:
Sec. 1051.252. COMPLAINTS. (a) Requires the board by rule to establish
a comprehensive procedure for receiving and adjudicating complaints from
consumers and service recipients. Requires the rules to address each
phase of the complaint process, including complaint intake, preliminary
evaluation, investigation, adjudication, sanctions, and public disclosure.
(b) Makes conforming changes.
Sec. 1051.253. COMPLAINT INFORMATION. (a) Requires the board to
maintain a file on each complaint filed with the board that the board has
authority to resolve. Requires the file to include certain information.
(b) Requires the board to provide to the person filing the complaint and
to each person who is a subject of the complaint a copy of the board's
policies and procedures relating to complaint investigation and
resolution.
(c) Requires the board, at least quarterly until final disposition of the
complaint, to notify the person filing the complaint and each person who
is a subject of the complaint of the status of the investigation unless
the notice would jeopardize an investigation.
SECTION 2.07. Amends Section 1051.254(a), Occupations Code, to require
the board to develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on any
issue under the jurisdiction of the board.
SECTION 2.08. Amends Chapter 1051, Occupations Code, by adding a new
Subchapter F to the new Part 2 of that chapter, as follows:
SUBCHAPTER F. GENERAL REGISTRATION REQUIREMENTS
Sec. 1051.301. ADMINISTRATION OF EXAMINATION TO DISABLED APPLICANTS.
Requires the board by rule to ensure that an examination under this
subtitle is administered to applicants with disabilities in compliance
with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101
et seq.) and its subsequent amendments.
Sec. 1051.302. EXAMINATION FEE. Authorizes the board, notwithstanding
Section 2113.203, Government Code, to delegate the collection of any
examination fee prescribed by the board to the person who conducts the
examination.
Sec. 1051.303. REFUND POLICY. Requires the board by rule to adopt a
comprehensive refund policy for applicants who are not able to take an
examination under this subtitle after paying the examination fee.
Requires the comprehensive refund policy to include certain information.
Sec. 1051.304. EXAMINATION RESULTS. (a) Requires the board, not later
than the 30th day after the date a person takes an examination under this
subtitle, to notify the person of the results of the examination.
(b) Requires the board if an examination is graded or reviewed by a
testing service to notify the person of the results of the examination not
later than the 14th day after the date the board receives the results from
the testing service and requires the board, if notice of the examination
results will delayed for longer than 90 days after the examination date,
to notify the person of the reason for the delay before the 90th day.
(c) Authorizes the board to requires to require a testing service to
notify a person of the results of the person's examination.
(d) Requires the board, if requested in writing by a person who fails an
examination administered under this subtitle, to provide the person with
an analysis of the person's performance on the examination.
Sec. 1051.305. RECIPROCITY. (a) Authorizes the board to waive any
prerequisite to obtaining a certificate of registration under this
subtitle for an applicant who holds a license or certificate of
registration issued by another jurisdiction under certain conditions.
(b) Authorizes the board to make an agreement, subject to the approval of
the governor, with another state to allow for licensing by reciprocity.
(c) Requires an applicant under this section to perform certain acts.
Sec. 1051.306. FIRM REGISTRATION NOT REQUIRED. Prohibits the board from
requiring a firm, partnership, corporation, or association engaged in the
practice of architecture, landscape architecture, or interior design to
register with the board under this subtitle.
Sec. 1051.307. ROSTER OF APPLICANTS. Requires the board to maintain a
roster of all persons who apply for a certificate of registration under
this subtitle. Requires the roster to include certain information about
each applicant.
SECTION 2.09. Amends the heading to existing Subchapter H, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER G. [Redesignated from H.] RENEWAL OF CERTIFICATE OF
REGISTRATION
SECTION 2.10. Amends Sections 1051.351-1051.354, Occupations Code, as
follows:
Sec. 1051.351. ANNUAL RENEWAL REQUIRED. (a) Authorizes a person who is
otherwise eligible to renew a certificate of registration under this
subtitle to renew an unexpired certificate by paying the required renewal
fee to the board before the expiration date of the certificate. Prohibits
a person whose certificate of registration has expired from engaging in
activities that require registration until the certificate of registration
has been renewed.
(b) Authorizes the board by rule to adopt a system under which
certificates of registration expire on various dates during the year.
(c) Requires the board, for the year in which the certificate of
registration expiration date is changed, to prorate renewal fees on a
monthly basis so that each certificate holder pays only that portion of
the registration fee that is allocable to the number of months during
which the certificate is valid. Provides that on renewal of the
certificate of registration on the new expiration date, the total
registration renewal fee is payable.
Sec. 1051.352. NOTICE OF EXPIRATION. Requires the board, not later than
the 30th day before the date a person's certificate of registration is
scheduled to expire, to send written notice of the impending expiration to
the person at the person's last known address according to the records of
the board.
Sec. 1051.353. PROCEDURE FOR RENEWAL. (a) Authorizes a person to renew
an unexpired certificate of registration by submitting proof satisfactory
to the board of compliance with the board's continuing education
requirement.
(b) Authorizes a person whose certificate of registration has been
expired for 90 days or less to renew the certificate by paying to the
board a renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(c) Authorizes a person whose certificate of registration has been
expired for more than 90 days but less than one year to renew the
certificate by paying to the board a renewal fee equal to two times the
normally required renewal fee.
(d) Prohibits a person whose certificate of registration has been expired
for one year or more from renewing the certificate. Authorizes a person
to obtain a new certificate of registration by complying with the
requirements and procedures, including the examination requirements, for
obtaining an original certificate.
(e) Authorizes a person who was registered in this state, moved to
another state, and is currently licensed or registered and has been in
practice in the other state for the two years preceding the date of the
application to obtain a new certificate of registration without
reexamination. Requires the person to pay to the board a fee that is
equal to two times the normally required renewal fee for the certificate
of registration.
Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) Provides that
a person required to register under this subtitle who is on active duty as
a member of the United States military is exempt from the payment of any
fee during the person's term of service if the person meets certain
requirements.
(b) Provides that a person who is exempt from payment of a fee under
Subsection (a) is exempt for the remainder of the fiscal year during which
the person's active duty status expires and is entitled to have the
person's name continued on the list of architects, landscape architects,
or interior designers.
SECTION 2.11. Amends Section 1051.355, Occupations Code, by amending
Subsections (a), (b), and (c) and adding Subsection (e), as follows:
(a) Makes a conforming change.
(b) Requires the board to prescribe the renewal fee under this subsection
in an amount equal to the sum of the amount determined by the board as
reasonable and necessary to cover the costs of administering this section
and except as provided by Subsection (e), the additional amount required
under Section 1051.651(b)(1)(B) for the examination fee scholarship
program.
(c) Makes a conforming change.
(e) Provides that the additional amount of the renewal fee described by
Subsection (b)(2) does not apply to a person registered under Chapter 1052
or 1053.
SECTION 2.12. Amends Sections 1051.356(a) and (d), Occupations Code, as
follows:
(a) Requires the board to recognize, prepare, or administer continuing
education programs for its certificate holders. Requires a certificate
holder to participate in the programs to the extent required by the board
to keep the person's certificate of registration.
(d) Makes a conforming change.
SECTION 2.13. Amends Chapter 1051, Occupations Code, by adding a new
Subchapter H to the new Part 2 of that chapter, as follows:
SUBCHAPTER H. GENERAL DISCIPLINARY PROCEDURES
Sec. 1051.401. RIGHT TO HEARING; APPEAL. (a) Provides that if the board
proposes to suspend, revoke, or refuse to renew a person's certificate of
registration, the person is entitled to a hearing. Requires the hearing
to be held by an administrative law judge of the State Office of
Administrative Hearings.
(b) Requires the board to prescribe procedures by which a decision to
suspend or revoke or a refusal to renew a certificate of registration is
made by or is appealable to the board.
(c) Provides that a hearing under this section is a contested case
subject to Chapter 2001, Government Code, and requires it to be conducted
under rules enacted by the State Office of Administrative Hearings under
Chapter 2003, Government Code.
Sec. 1051.402. PUBLICATION OF DISCIPLINARY ORDERS AND SANCTIONS. Requires
the board by rule to provide for the publication of all disciplinary
orders and sanctions imposed by the board under this subtitle. Prohibits
a certificate holder from negotiating with the board to keep the board
from publishing the settlement of a disciplinary action.
Sec. 1051.403. REINSTATEMENT. (a) Prohibits a person whose application
for the issuance of an original or renewal certificate of registration is
denied or whose certificate of registration is revoked or suspended from
applying to the board for the issuance or reinstatement of a certificate
of registration before the 180th day after the date of the denial,
revocation, or suspension.
(b) Authorizes the board to issue or reinstate a certificate of
registration under this section to an applicant who meets certain
criteria.
SECTION 2.14. Amends the heading to existing Subchapter J, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER I. [Redesignated from J.] ADMINISTRATIVE PENALTY
SECTION 2.15. Amends Section 1051.451, Occupations Code, as follows:
Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY. Makes conforming
and nonsubstantive changes.
SECTION 2.16. Amends Section 1051.452, Occupations Code, by amending
Subsection (a) and adding Subsection (c), as follows:
(a) Prohibits the amount of an administrative penalty from exceeding
$5,000, rather than $1,000.
(c) Requires the board by rule to adopt an administrative penalty
schedule for violations of this subtitle or board rules to ensure that the
amounts of penalties imposed are appropriate to the violation. Requires
the board to provide the administrative penalty schedule to the public on
request.
SECTION 2.17. Amends the existing heading to Subchapter K, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER J. [Redesignated from K.] OTHER PENALTIES AND ENFORCEMENT
PROVISIONS
SECTION 2.18. Amends Section 1051.501, Occupations Code, as follows:
Sec. 1051.501. GENERAL ENFORCEMENT AUTHORITY. Makes conforming changes.
SECTION 2.19. Amends Section 1051.502(a), Occupations Code, to make
conforming changes.
SECTION 2.20. Amends Section 1051.504, Occupations Code, as follows:
Sec. 1051.503. [Redesignated from 1051.504.] CUMULATIVE EFFECT OF
PROVISIONS. Makes a conforming change.
SECTION 2.21. Amends existing Subchapter K, Chapter 1051, Occupations
Code, by adding Sections 1051.504 and 1051.505, as follows:
Sec. 1051.504. CEASE AND DESIST ORDER. (a) Authorizes the board after
providing to the person notice and the opportunity for a hearing, if it
appears to the board that a person who is not registered under this
subtitle is violating or has violated this subtitle, a rule adopted under
this subtitle, or another state statute or rule relating to the practice
of architecture, landscape architecture, or interior design, to issue a
cease and desist order prohibiting the conduct described in the notice.
(b) Authorizes the board, if the person does not request a hearing before
the 22nd day after the date of receiving notice under Subsection (a), to
issue a cease and desist order and refer the violation to the attorney
general for further action.
(c) Requires the board, if the person requests a hearing before the 22nd
day after the date of receiving notice under Subsection (a), to hold the
hearing not later than the 30th day after the date the board receives the
request for the hearing.
(d) Provides that a hearing under this section is subject to Chapter
2001, Government Code.
(e) Requires the board to adopt rules necessary to implement this
section.
Sec. 1051.505. RESTITUTION. (a) Authorizes the board to order a person
registered under this subtitle to pay restitution to a consumer instead of
or in addition to assessing an administrative penalty under this chapter.
(b) Prohibits the amount of restitution ordered by the board from
exceeding the amount the consumer paid the person for a service regulated
under this subtitle. Prohibits the board from including an estimation of
other damages or harm in a restitution order.
ARTICLE 3. PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 3.01. Amends Chapter 1051, Occupations Code, by adding a heading
for a new Part 3 of that chapter, as follows:
PART 3. PROVISIONS APPLYING ONLY TO ARCHITECTS
SECTION 3.02. Redesignates existing Subchapters B, G, and I, Chapter
1051, Occupations Code, as a part of the new Part 3 of Chapter 1051.
SECTION 3.03. Amends Chapter 1051, Occupations Code, by adding a new
Subchapter K to the new Part 3 of that chapter, as follows:
SUBCHAPTER K. GENERAL PROVISIONS: ARCHITECTS
Sec. 1051.551. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS. (a) Authorizes a
public official of this state or of a political subdivision of this state
who is responsible for enforcing laws that affect the practice of
architecture to accept an architectural plan, specification, or other
related document only if the plan, specification, or document is prepared
by an architect or by a person acting under the supervision of an
architect, as evidenced by the architect's seal.
(b) Provides that Subsection (a) does not apply to a plan, specification,
or document that is subject to an exemption from this chapter.
SECTION 3.04. Amends the heading to existing Chapter 1051B, Occupations
Code, as follows:
SUBCHAPTER L. [Redesignated from B.] EXEMPTIONS
SECTION 3.05. Amends the heading to Section 1051.051, Occupations Code,
to read as follows:
Sec. 1051.601. [Redesignated from 1051.051.] ACTIVITIES OF LICENSED
ENGINEER.
SECTION 3.06. Amends the heading to Section 1051.052, Occupations Code,
to read as follows:
Sec. 1051.602. [Redesignated from 1051.052.] ACTIVITIES OF ARCHITECT OR
ENGINEER EMPLOYEE.
SECTION 3.07. Amends Section 1051.053, Occupations Code, to read as
follows:
Sec. 1051.603. [Redesignated from 1051.053.] LANDSCAPE ARCHITECTURE.
Provides that this part, rather than chapter, does not limit the practice
of landscape architecture or prohibit the use of the title "Landscape
Architect" by a qualified person.
SECTION 3.08. Amends Section 1051.054, Occupations Code, to read as
follows:
Sec. 1051.604. [Redesignated from 1051.054.] INTERIOR DESIGN. Makes a
conforming change.
SECTION 3.09. Amends the heading to Section 1051.055, Occupations Code,
to read as follows:
Sec. 1051.605. [Redesignated from 1051.055.] EMPLOYEE OF CERTAIN
UTILITIES OR AFFILIATES.
SECTION 3.10. Amends Section 1051.055(b), Occupations Code, to provide
that this chapter does not limit the use of a job title or personnel
classification by an employee described by Subsection (a) if the employee
does not use certain titles.
SECTION 3.11. Amends the heading to Section 1051.056, Occupations Code,
to read as follows:
Sec. 1051.606. [Redesignated from 1051.056.] ACTIVITIES OF CERTAIN
PERSONS NOT REPRESENTED TO BE ARCHITECTS.
SECTION 3.12. Amends Section 1051.056(a), Occupations Code, to provide
that this chapter does not apply to a person who does not represent that
the person is an architect or architectural designer, or use another
business or professional title that uses a form of the word "architect,"
and who meets certain criteria. Includes among the exceptions a person
who prepares the architectural plans and specifications for or observes or
supervises the construction, enlargement, or alteration of a privately
owned building that is a commercial building that does not exceed a height
of two stories or a square footage of 20,000 square feet, or a warehouse
that has limited public access.
SECTION 3.13. Amends Chapter 1051, Occupations Code, by adding a new
Subchapter M to the new Part 3 of that chapter, as follows:
SUBCHAPTER M. BOARD POWERS AND DUTIES: ARCHITECTS
Sec. 1051.651. FEES. (a) Authorizes the board to set a fee for a board
action involving an administrative expense in an amount that is reasonable
and necessary to cover the cost of administering this chapter, unless the
amount of the fee is set by this chapter or by the General Appropriations
Act.
(b) Requires the board to set the required renewal fee for certain
persons.
(c) Authorizes the board to accept payment of a fee by electronic means.
Authorizes the board to charge a fee to process the payment made by
electronic means. Requires the board to set the processing fee in an
amount that is reasonably related to the expense incurred by the board in
processing the payment made by electronic means, not to exceed five
percent of the amount of the fee for which the payment is made.
(d) Prohibits a fee set by the board under this section from being used
for the purpose of earning additional revenue for the board.
Sec. 1051.652. FEE INCREASE. (a) Provides that the fee for the issuance
of a certificate to an applicant possessing a license or certificate to
practice architecture in another state and the fee for the renewal of a
certificate under this chapter are increased by $200.
(b) Requires of each fee increase collected, $50 to be deposited in the
foundation school fund and $150 to be deposited in the general revenue
fund.
Sec. 1051.653. EXAMINATION FEE SCHOLARSHIPS. (a) Requires the board to
administer scholarships to applicants for examination under this part in a
manner the board determines best serves certain public purposes.
(b) Requires the board, in determining what best serves the public
purpose of the scholarships as described by Subsection (a), to consider at
least the financial need of each person who applies for a scholarship
under this section.
(c) Provides that the amount of the scholarship is the lesser of $500 or
the amount of the required examination fee.
(d) Provides that scholarships under this section are funded by the
amount added to each renewal fee under Section 1051.651(b). Prohibits the
board from using more than 15 percent of the amount appropriated to the
board for scholarships under this section to pay the costs of
administering the scholarships.
Sec. 1051.654. DESIGN AND APPROVAL OF ARCHITECT'S SEAL. (a) Requires the
board to prescribe and approve the seal to be used by an architect.
(b) Requires the design of the seal to be the same as the design used by
the board, except that the words "Registered Architect, State of Texas"
must be used instead of "Texas Board of Architectural Examiners."
SECTION 3.14. Amends the heading to existing Subchapter G, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER N. [Redesignated from C.] REGISTRATION OF ARCHITECTS
SECTION 3.15. Amends Section 1051.301, Occupations Code, as follows:
Sec. 1051.701. [Redesignated from 1051.301.] REGISTRATION REQUIRED.
(a) Prohibits a person from engaging in the practice of architecture or
offering or attempting to engage in the practice of architecture unless
the person is registered as an architect under this chapter.
(b) Makes a conforming change.
SECTION 3.16. Amends the heading to existing Section 1051.302,
Occupations Code, to read as follows:
Sec. 1051.702. [Redesignated from 1051.302.] USE OF ARCHITECT'S SEAL.
SECTION 3.17. Amends existing Section 1051.302, Occupations Code, by
adding Subsection (d) to prohibit a person from presenting or attempting
to use as the person's own the seal of another person.
SECTION 3.18. Amends the heading to existing Section 1051.303,
Occupations Code, to read as follows:
Sec. 1051.703. [Redesignated from 1051.303.] CERTAIN PLANS OR
SPECIFICATIONS TO BE PREPARED ONLY BY ARCHITECT.
SECTION 3.19. Amends the heading to existing Section 1051.304,
Occupations Code, to read as follows:
Sec. 1051.704. [Redesignated from 1051.304.] EXAMINATION; ISSUANCE OF
CERTIFICATE.
SECTION 3.20. Amends the heading to existing Section 1051.305,
Occupations Code, to read as follows:
Sec. 1051.705. [Redesignated from 1051.305.] ELIGIBILITY AND APPLICATION
FOR EXAMINATION.
SECTION 3.21. Amends existing Section 1051.305, Occupations Code, by
amending Subsection (b) and adding Subsection (c), as follows:
(b) Makes nonsubstantive changes.
(c) Requires the board to set an examination fee in an amount reasonable
and necessary to cover the cost of the examination. Authorizes the board
to delegate the collection of an examination fee to the person who
conducts the examination.
SECTION 3.22. Amends the heading to existing Subchapter I, Chapter 1051,
Occupations Code, to read as follows:
SUBCHAPTER O. [Redesignated from I.] DISCIPLINARY PROCEDURES FOR
ARCHITECTS
SECTION 3.23. Amends existing Sections 1051.401 and 1051.402, Occupations
Code, as follows:
Sec. 1051.751. [Redesignated from 1051.401.] DISCIPLINARY POWERS OF
BOARD. (a) Requires the board, on a determination that a ground for
discipline exists under Section 1051.752, to take certain actions.
(b) Authorizes the board to place on probation a person whose certificate
of registration is suspended. Authorizes the board, if the suspension is
probated to require the person to follow certain guidelines.
Sec. 1051.752. [Redesignated from 1051.402.] GROUNDS FOR DISCIPLINARY
ACTION. Provides that a person is subject to disciplinary action under
Section 1051.751 for certain acts.
SECTION 3.24. Amends Chapter 1051, Occupations Code, by adding a new
Subchapter P to the new Part 3 of that chapter, as follows:
SUBCHAPTER P. OTHER PENALTIES AND ENFORCEMENT PROVISIONS: ARCHITECTS
Sec. 1051.801. CRIMINAL PENALTY. (a) Provides that a person, whether
acting independently or on behalf of the person's firm, commits an offense
if, in violation of this chapter, the person engages in certain
activities.
(b) Provides that an offense under this section is a misdemeanor
punishable by a fine of not less than $250 and not more than $1,000.
Provides that each day of violation is a separate offense.
(c) Authorizes the board, in an action brought under this section to be
represented by a district or county attorney or by other counsel as
necessary.
ARTICLE 4. PROVISIONS AFFECTING ONLY LANDSCAPE ARCHITECTS
SECTION 4.01. Amends Subchapter A, Chapter 1052, Occupations Code, by
adding Sections 1052.004 and 1052.005, as follows:
Sec. 1052.004. ACTIVITIES OF LANDSCAPE ARCHITECT EMPLOYEE. Provides that
this chapter does not limit the ability of an employee of a landscape
architect to act under the landscape architect's instructions, control, or
supervision.
Sec. 1052.005. ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED TO BE
LANDSCAPE ARCHITECTS. (a) Provides that this chapter does not apply to a
certain persons.
(b) Authorizes a person described by Subsection (a) who agrees to perform
or represents that the person is able to perform a professional service
involved in the practice of landscape architecture to perform a landscape
architectural service in this state only if, in performing the service,
the person follows certain guidelines.
SECTION 4.02. Amends Section 1052.054, Occupations Code, by amending
Subsection (a) and adding Subsection (d), as follows:
(a) Makes a nonsubstantive change.
(d) Prohibits a fee set by the board under this section from being used
for the purpose of earning additional revenue for the board.
SECTION 4.03. Amends the heading to Section 1052.056, Occupations Code,
to read as follows:
Sec. 1052.056. DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S SEAL.
SECTION 4.04. Amends Section 1052.056(a), Occupations Code, to require
the board to prescribe and approve the seal to be used by a landscape
architect.
SECTION 4.05. Amends Sections 1052.251 and 1052.252, Occupations Code, as
follows:
Sec. 1052.251. DISCIPLINARY POWERS OF BOARD. (a) Requires the board, on
a determination that a ground for discipline exists under Section 1052.252
to take certain actions.
(b) Authorizes the board to place on probation a person whose certificate
of registration is suspended. Authorizes the board, if the suspension is
probated, to require the person to follow certain guidelines.
Sec. 1052.252. GROUNDS FOR DISCIPLINARY ACTION. Provides that a person
is subject to disciplinary action under Section 1052.251 for certain acts.
ARTICLE 5. PROVISIONS AFFECTING ONLY INTERIOR DESIGNERS
SECTION 5.01. Amends Section 1053.002, Occupations Code, as follows:
Sec. 1053.002. APPLICATION. (a) Provides that this chapter does not
apply to certain persons.
(b) Authorizes a person described by Subsection (a) (1) who agrees to
perform or represents that the person is able to perform an interior
design service to perform an interior design service in this state if, in
performing the service, the person performs certain acts.
SECTION 5.02. Amends Section 1053.052, Occupations Code, by adding
Subsection (d), to prohibit a fee set by the board under this section from
being used for the purpose of earning additional revenue for the board.
SECTION 5.03. Amends Subchapter B, Chapter 1053, Occupations Code, by
adding Section 1053.058, as follows:
Sec. 1053.058. DESIGN AND APPROVAL OF INTERIOR DESIGNER'S SEAL. (a)
Requires the board to prescribe and approve the seal to be used by an
interior designer.
(b) Requires the design of the seal to be the same as the design used by
the board, except that the words "Registered Interior Designer, State of
Texas" must be used instead of "Texas Board of Architectural Examiners."
SECTION 5.04. Amends Section 1053.160, Occupations Code, as follows:
Sec. 1053.160. USE OF INTERIOR DESIGNER'S SEAL. (a) Requires an
interior designer to maintain a seal described by Section 1053.058 and to
stamp or impress the seal on each drawing or specification issued from the
interior designer's office for use in this state.
(b) Prohibits a person from using or attempting to use an interior
designer's seal, a similar seal, or a replica of the seal unless the use
is by or through an interior designer.
(c) Prohibits an interior designer from permitting a person who is not an
interior designer from using the interior designer's seal without the
interior designer's personal supervision.
(d) Prohibits a person from presenting or attempting to use as the
person's own the seal of another person.
SECTION 5.05. Amends Sections 1053.251(a) and (b), Occupations Code, as
follows:
(a) Requires, rather than authorizes, the board, on a determination that
a ground for disciplinary action exists under Section 1053.252, to take
certain actions.
(b) Authorizes the board to place on probation a person whose certificate
of registration is suspended. Authorizes the board, if the suspension is
probated, to require the person to follow certain guidelines.
SECTION 5.06. Amends Section 1053.252, Occupations Code, as follows:
Sec. 1053.252. GROUNDS FOR DISCIPLINARY ACTION. Provides that a person
is subject to disciplinary action under Section 1053.251 for certain acts.
SECTION 5.07. Amends the heading to Subchapter H, Chapter 1053,
Occupations Code, to read as follows:
SUBCHAPTER H. PENALTIES
ARTICLE 6. REPEALER; TRANSITION PROVISIONS; EFFECTIVE DATE
SECTION 6.01. (a) Repealer: Subchapters C, E, and G, Chapter
1052(Landscape Architects) and Subchapters C, E, and G, Chapter 1053
(Interior Designers), Occupations Code.
(b) Repealer: Existing Sections 1051.003, 1051.204-1051.206, 1051.210,
1051.306, 1051.307, 1051.403, 1051.503, 1052.001, 1052.051-1052.053,
1052.055, 1052.057, 1052.058, 1052.155, 1052.156, 1052.253, 1053.001,
1053.051, 1053.054-1053.057, 1053.156, 1053.157, 1053.161, 1053.253, and
1053.254, Occupations Code.
SECTION 6.02. Requires the Texas Board of Architectural Examiners, not
later than March 1, 2004, to perform certain acts.
SECTION 6.03. (a) Provides that in accordance with Section 311.031(c),
Government Code, which gives effect to a substantive amendment enacted by
the same legislature that codifies the amended statute, the text of
Section 1051.355(b), Occupations Code, as set out in this Act, gives
effect to changes made by Section 3, Chapter 861, Acts of the 77th
Legislature, Regular Session, 2001.
(b) Provides that in accordance with Section 311.031(c), Government Code,
which gives effect to a substantive amendment enacted by the same
legislature that codifies the amended statute, the text of Section
1051.402, Occupations Code, set out in this Act as new Section 1051.752,
Occupations Code, gives effect to changes made by Section 2, Chapter 861,
Acts of the 77th Legislature, Regular Session, 2001.
(c) Provides that in accordance with Section 311.031(c), Government Code,
which gives effect to a substantive amendment enacted by the same
legislature that codifies the amended statute, the text of Section
1052.252, Occupations Code, as set out in this Act, gives effect to
changes made by Section 6, Chapter 861, Acts of the 77th Legislature,
Regular Session, 2001.
(d) Provides that in accordance with Section 311.031(c), Government Code,
which gives effect to a substantive amendment enacted by the same
legislature that codifies the amended statute, the text of Section
1053.252, Occupations Code, as set out in this Act, gives effect to
changes made by Section 9, Chapter 861, Acts of the 77th Legislature,
Regular Session, 2001.
(e) Provides that to the extent of any conflict, this Act prevails over
another Act of the 78th Legislature, Regular Session, 2003, relating to
nonsubstantive additions to and corrections in enacted codes.
SECTION 6.04. (a) Provides that the changes in law made by this Act by
the amendment of Section 1051.103, Occupations Code, and the addition of
Section 1051.112, Occupations Code, in the prohibitions on or
qualifications of members of the Texas Board of Architectural Examiners do
not affect the entitlement of a member serving on the Texas Board of
Architectural Examiners immediately before September 1, 2003, to continue
to serve and function as a member of the Texas Board of Architectural
Examiners for the remainder of the member's term. Makes application of
this Act prospective.
(b) Requires the Texas Board of Architectural Examiners, before adopting
an administrative penalty schedule under Section 1051.452(c), Occupations
Code, as added by this Act, to hold a public hearing that addresses the
proposed administrative penalty schedule. Requires the board to allow
members of the public to present oral testimony or written documentation
at the hearing.
SECTION 6.05. Effective date: September 1, 2003.