78R10174 SMH-D
By: Driver, et al. H.B. No. 1692
Substitute the following for H.B. No. 1692:
By: Homer C.S.H.B. No. 1692
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of interior designers; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1053.001, Occupations Code, is amended
by amending Subdivision (3) and by adding Subdivisions (4)-(6) to
read as follows:
(3) "Interior designer" means a person who is
registered under this chapter to engage in the practice of interior
design. The term includes a "Registered Interior Designer."
(4) "Space planning" means the analysis and design of
spatial and occupancy requirements, including space layouts and
final planning.
(5) "Reflected ceiling plan" means a ceiling design
that illustrates a ceiling as if it were projected downward, and may
include lighting and other elements.
(6) "Responsible supervisory control" is the direct
responsibility for supervision by an interior designer 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.
SECTION 2. Subchapter A, Chapter 1053, Occupations Code, is
amended by adding Sections 1053.0011 and 1053.0012 to read as
follows:
Sec. 1053.0011. DEFINITION OF "INTERIOR DESIGN." (a) In
this chapter, "interior design" means the performance of
professional services that include:
(1) preparing and filing interior design construction
documents with code enforcement officials for nonstructural or
nonseismic interior construction;
(2) obtaining building permits for nonstructural or
nonseismic 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 does not include construction of certain
structural and mechanical systems, including:
(1) plumbing systems;
(2) heating, air-conditioning, and ventilation
systems;
(3) electrical systems;
(4) vertical transportation systems;
(5) fire-rated vertical shafts in multistory
structures;
(6) fire-related protection of structural elements;
(7) smoke evacuation and compartmentalization;
(8) emergency sprinkler systems; and
(9) emergency alarm systems.
Sec. 1053.0012. DEFINITION OF "NONSTRUCTURAL" OR
"NONSEISMIC"; DESCRIPTION. (a) In this chapter, "nonstructural"
or "nonseismic" means an interior element or component that is not
load-bearing or does not assist in the seismic design of a structure
and does not require computations for a building's structure. The
term does not include the structural frame system supporting a
building.
(b) Common nonstructural elements or components include
ceiling and partition systems that employ normal and typical
bracing conventions and are not part of the structural integrity of
the building.
SECTION 3. 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, 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 4. Section 1053.051, Occupations Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) The board by rule shall establish:
(1) the qualifications for initial and renewal
certificates of registration under this chapter; and
(2) standards of conduct for interior designers.
(d) The board shall administer and enforce this chapter.
SECTION 5. The heading to Subchapter D, Chapter 1053,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. REGISTRATION [REQUIREMENTS]
SECTION 6. 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.
SECTION 7. 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
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 8. 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 9. Section 1053.160, Occupations Code, is amended
to read as follows:
Sec. 1053.160. [USE OF INTERIOR DESIGNER'S] SEAL. (a) On
registration, each [An] interior designer shall obtain a [is
entitled to use any] seal, of a design adopted by the board, that
bears:
(1) the interior designer's name and registration
number;
(2) the words "Registered Interior Designer";
(3) the words "State of Texas"; and
(4) the expiration date of the certificate of
registration.
(b) The interior designer shall stamp or impress the seal on
each drawing or specification issued by the interior designer for
use in this state. Construction documents that bear the seal shall
be accepted for filing by the appropriate jurisdiction or local
building department.
(c) A person may not use or attempt to use the seal of an
interior designer, a similar seal, or a replica of the seal unless
the use is by or through an interior designer.
(d) An interior designer may not permit a person who is not
registered under this chapter to use the interior designer's seal
without the interior designer's personal supervision.
SECTION 10. Section 1053.161, Occupations Code, is amended
to read as follows:
Sec. 1053.161. RECIPROCITY. The board may waive any
registration requirement for an applicant who:
(1) is licensed or registered to practice interior
design by another state that has licensing or registration
requirements at least as stringent as [substantially equivalent to]
the requirements of this state;
(2) is in good standing with the state that issued the
license or registration; [and]
(3) submits an application and pays an administrative
fee to the board; and
(4) holds a current certificate issued by the National
Council for Interior Design Qualification or a similar credential
recognized by the board.
SECTION 11. The heading to Section 1053.201, Occupations
Code, is amended to read as follows:
Sec. 1053.201. [ANNUAL] RENEWAL REQUIRED.
SECTION 12. Section 1053.201, Occupations Code, is amended
by amending Subsection (a) and by adding Subsection (c) 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 September 1, 2003, 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 a similar national organization recognized by the
board, must:
(1) pass 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
(2) complete, 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.
SECTION 13. 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 14. 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 who is
responsible for interior design work performed at that location.
The interior designer shall provide responsible supervisory
control over each nonregistered person working at that location in
the practice of interior design.
Sec. 1053.402. DUTIES TO CLIENT. Before entering into a
contract with a client, an interior designer must clearly determine
the scope and nature of the project and the method of compensation.
Sec. 1053.403. DISCLOSURE OF BOARD INFORMATION. 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 15. Sections 1053.001(2) and 1053.158, Occupations
Code, are repealed.
SECTION 16. 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 17. (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 18. 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 19. This Act 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.