78R12209 E
By: Jackson S.B. No. 283
Substitute the following for S.B. No. 283:
By: Wise C.S.S.B. No. 283
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of
Architectural Examiners, including functions affecting architects,
landscape architects, and interior designers; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROVISIONS AFFECTING THE BOARD OF ARCHITECTURAL
EXAMINERS AND RELATED ADMINISTRATIVE MATTERS
SECTION 1.01. The heading to Chapter 1051, Occupations
Code, is amended 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. Chapter 1051, Occupations Code, is amended 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. Existing 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. Sections 1051.001, 1051.002, and 1051.004,
Occupations Code, are amended to read as follows:
Sec. 1051.001. DEFINITIONS. In this subtitle [chapter]:
(1) "Architect" means a person registered under this
chapter to engage in the practice of architecture.
(2) "Board" means the Texas Board of Architectural
Examiners.
(3) "Interior design" means the:
(A) identification, research, or development of
a creative solution to a problem relating to the function or quality
of an interior environment;
(B) performance of a service relating to an
interior space, including programming, design analysis, space
planning of non-load-bearing interior construction, and
application of aesthetic principles, by using specialized
knowledge of interior construction, building codes, equipment,
materials, or furnishings; or
(C) preparation of an interior design plan,
specification, or related document about the design of a
non-load-bearing interior space.
(4) "Interior designer" means a person registered
under this subtitle to practice interior design.
(5) "Landscape architect" means a person registered
under this subtitle to practice landscape architecture.
(6) "Landscape architecture":
(A) means the art and science of landscape
analysis, landscape planning, and landscape design;
(B) includes the performance of professional
services such as consultation, investigation, research, the
preparation of general development and detailed site design plans,
the preparation of studies, the preparation of specifications, and
responsible supervision related to the development of landscape
areas for:
(i) the planning, preservation,
enhancement, and arrangement of land forms, natural systems,
features, and plantings, including ground and water forms;
(ii) the planning and design of vegetation,
circulation, walks, and other landscape features to fulfill
aesthetic and functional requirements;
(iii) the formulation of graphic and
written criteria to govern the planning and design of landscape
construction development programs, including:
(a) the preparation, review, and
analysis of master and site plans for landscape use and
development;
(b) the analysis of environmental,
physical, and social considerations related to land use;
(c) the preparation of drawings,
construction documents, and specifications; and
(d) construction observation;
(iv) design coordination and review of
technical submissions, plans, and construction documents prepared
by persons working under the direction of the landscape architect;
(v) the preparation of feasibility studies,
statements of probable construction costs, and reports and site
selection for landscape development and preservation;
(vi) the integration, site analysis, and
determination of the location of buildings, structures, and
circulation and environmental systems;
(vii) the analysis and design of:
(a) site landscape grading and
drainage;
(b) systems for landscape erosion and
sediment control; and
(c) pedestrian walkway systems;
(viii) the planning and placement of
uninhabitable landscape structures, plants, landscape lighting,
and hard surface areas;
(ix) the collaboration of landscape
architects with other professionals in the design of roads,
bridges, and structures regarding the functional, environmental,
and aesthetic requirements of the areas in which they are to be
placed; and
(x) field observation of landscape site
construction, revegetation, and maintenance; and
(C) does not include:
(i) traffic, roadway, or pavement
engineering;
(ii) the design of utilities;
(iii) the engineering or study of
hydrologic management of stormwater systems or floodplains;
(iv) the making of final plats; or
(v) a service or function within the
practice of architecture, engineering, or public surveying as
defined by this chapter or Chapter 1001 or 1071.
(7) "Practice of architecture" means a service or
creative work that involves the application of the art and science
of developing design concepts, planning for functional
relationships and intended uses, and establishing the form,
appearance, aesthetics, and construction details for the
construction, enlargement, or alteration of a building or environs,
the proper application of which requires education, training, and
experience in those matters.
Sec. 1051.002. EFFECT ON MUNICIPALITY. This subtitle
[chapter] does not:
(1) preempt a municipal ordinance; or
(2) restrict or expand the authority of a
municipality.
Sec. 1051.003 [1051.004]. APPLICATION OF SUNSET ACT. The
Texas Board of Architectural Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this
subtitle [chapter] expires September 1, 2015 [2003].
SECTION 1.05. The heading to existing Subchapter C, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER B [C]. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
SECTION 1.06. Section 1051.101, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The Texas Board of Architectural Examiners consists of
nine members appointed by the governor with the advice and consent
of the senate as follows:
(1) three [four] architect members;
(2) two [one] interior designer members [member]
registered under Chapter 1053;
(3) one landscape architect member registered under
Chapter 1052; and
(4) three members who represent the public, at least
one of whom is a person with a physical disability.
(d) A member appointed under Subsections (a)(1)-(3) to
represent a specific profession may not be registered to practice
another profession regulated by the board.
SECTION 1.07. Section 1051.103, Occupations Code, is
amended to read as follows:
Sec. 1051.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a [nonprofit,]
cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) A person [An officer, employee, or paid consultant of a
Texas trade association in the field of architecture, interior
design, or landscape architecture] may not be a member of the board
and may not be a board [an] employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the [of the board who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for salary
group B9 of the position classification salary schedule.
[(c) A] person [who] is [the spouse of] an officer, employee
[manager], or paid consultant of a Texas trade association in the
field of architecture, interior design, or landscape architecture;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
architecture, interior design, or landscape architecture [may not
be a member of the board and may not be an employee of the board who
is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for salary group B9 of the position
classification salary schedule].
(c) [(d)] A person may not be a [serve as a board] member of
the board or act as the general counsel to the board if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the [board's] operation of the board.
SECTION 1.08. Sections 1051.105(a) and (c), Occupations
Code, are amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 1051.101 [or
1051.102];
(2) does not maintain during service on the board the
qualifications required by Section 1051.101 [or 1051.102];
(3) is ineligible for membership under [violates a
prohibition established by] Section 1051.102 or 1051.103;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved[, unless the
absence is excused] by a majority vote of the board.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
SECTION 1.09. Existing Subchapter C, Chapter 1051,
Occupations Code, is amended by adding Section 1051.112 to read as
follows:
Sec. 1051.112. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this subtitle;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 1.10. The heading to existing Subchapter D, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER C [D]. EXECUTIVE DIRECTOR AND PERSONNEL
SECTION 1.11. Sections 1051.153, 1051.154, and 1051.156,
Occupations Code, are amended to read as follows:
Sec. 1051.153. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policymaking [define the respective] 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. The executive director or the executive director's
designee [board] shall provide[, as often as necessary,] to [its]
members of the board and to agency employees, as often as necessary,
information regarding the requirements [their:
[(1) qualifications] for office or employment under
this chapter, including information regarding a person's[; and
[(2)] responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
Sec. 1051.156. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the executive director's
designee shall prepare and maintain a written policy statement that
implements a program [to ensure implementation] of [an] equal
employment opportunity to ensure that [program under which] all
personnel decisions [transactions] are made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, [appointment,] training,
and promotion of personnel, that show the intent of the board to
avoid the unlawful employment practices described by Chapter 21,
Labor Code; and
(2) an [a comprehensive] analysis of the extent to
which the composition of the board's personnel is in accordance
with [board workforce that meets] federal and state law and a
description of reasonable methods to achieve compliance with
federal and state law [guidelines;
[(3) procedures by which a determination can be made
of significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
[(4) reasonable methods to appropriately address
those areas of significant underuse].
(c) The [(b) A] policy statement [prepared under
Subsection (a)] must:
(1) [cover an annual period;
[(2)] be updated [at least] annually;
(2) be reviewed by the Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office [governor].
[(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection (b).
The report may be made separately or as a part of other biennial
reports made to the legislature.]
SECTION 1.12. Existing Subchapter D, Chapter 1051,
Occupations Code, is amended by adding Section 1051.157 to read as
follows:
Sec. 1051.157. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall 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 1.13. The heading to existing Subchapter E, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER D [E]. BOARD POWERS AND DUTIES
SECTION 1.14. Section 1051.202, Occupations Code, is
amended to read as follows:
Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board
shall adopt reasonable rules and bylaws and prescribe forms as
necessary to administer or enforce this subtitle [chapter],
including rules regulating the practices [practice] of
architecture, landscape architecture, and interior design.
SECTION 1.15. Sections 1051.203(a) and (b), Occupations
Code, are amended to read as follows:
(a) The [Except as provided by Subsection (b) or (c), the]
board may not adopt rules [a rule] restricting advertising or
competitive bidding by a certificate holder except [person
regulated by the board.
[(b) The board may adopt rules restricting advertising or
competitive bidding] to prohibit [a] false, misleading, or
deceptive practices [practice].
(b) In its rules to prohibit false, misleading, or deceptive
practices, the board [A rule adopted under this subsection] may not
include a rule that:
(1) restricts [restrict] the [person's] use of any
advertising medium;
(2) restricts the use of a certificate holder's
[restrict the person's] personal appearance or [the use of the
person's] voice in an advertisement;
(3) relates [relate] to the size or duration of an
advertisement by the certificate holder [person]; or
(4) restricts [restrict] the certificate holder's
[person's] advertisement under a trade name.
SECTION 1.16. The heading to existing Section 1051.207,
Occupations Code, is amended to read as follows:
Sec. 1051.204 [1051.207]. SUBPOENA.
SECTION 1.17. Existing Section 1051.207(a), Occupations
Code, is amended to read as follows:
(a) The board may request and, if necessary, compel by
subpoena:
(1) the attendance of witnesses for examination under
oath; and
(2) the production for inspection or copying of
records, documents, and other evidence relevant to the
investigation of an alleged violation of this subtitle [chapter].
SECTION 1.18. The heading to existing Section 1051.208,
Occupations Code, is amended to read as follows:
Sec. 1051.205 [1051.208]. PUBLIC RECORDS.
SECTION 1.19. Existing Section 1051.208, Occupations Code,
is amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The records must include[:
[(1)] a record of:
(1) [(A)] each issuance or renewal of a certificate of
registration; and
(2) [(B)] each refusal to issue or renew a certificate
of registration[;
[(2) the name and, if known, the place of residence of
each architect; and
[(3) the date and serial number of the architect's
certificate of registration].
(d) The board shall maintain records or an official roster
showing:
(1) the name and, if known, the address of each person
registered under this subtitle; and
(2) the date and registration number of each
certificate of registration issued under this subtitle.
SECTION 1.20. The heading to existing Section 1051.209,
Occupations Code, is amended to read as follows:
Sec. 1051.206 [1051.209]. BOARD SEAL.
SECTION 1.21. Existing Subchapter E, Chapter 1051,
Occupations Code, is amended by adding Sections 1051.207-1051.212
to read as follows:
Sec. 1051.207. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. The board shall adopt rules as necessary to comply with
Chapter 53.
Sec. 1051.208. STANDARDS OF CONDUCT. The board by rule
shall establish standards of conduct for persons regulated under
this subtitle.
Sec. 1051.209. ATTORNEY GENERAL AS LEGAL ADVISOR. The
attorney general shall act as legal advisor to the board and shall
provide legal assistance to enforce this subtitle. This section
does not relieve a local prosecuting attorney of any duty under the
law.
Sec. 1051.210. TECHNOLOGY POLICY. The board shall 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.
The technological solutions must:
(1) ensure that the public is able to easily find
information about the board through the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and be developed through the
board's planning process.
Sec. 1051.211. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must 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) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Sec. 1051.212. JOINT ADVISORY COMMITTEE ON THE PRACTICES OF
ENGINEERING, ARCHITECTURE, AND LANDSCAPE ARCHITECTURE. (a) 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. The
advisory committee consists of:
(1) three members of the board appointed by the board;
and
(2) three members of the Texas Board of Professional
Engineers appointed by that board.
(b) 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 odd-numbered year.
(c) The advisory committee shall meet at least twice a year.
(d) The advisory committee shall work to resolve issues that
result from the overlap between activities that constitute the
practices of engineering and architecture and those that constitute
the practices of engineering and landscape architecture. The
advisory committee shall assist each agency in protecting the
public rather than advancing the interests of either agency or the
profession it regulates.
(e) The advisory committee shall 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:
(1) opinions on whether certain activities constitute
the practice of engineering or the practice of architecture or
landscape architecture;
(2) specific disciplinary proceedings initiated by
either agency; and
(3) the need for persons working on particular
projects to be registered by the board or licensed by the Texas
Board of Professional Engineers.
(f) If the advisory committee issues an advisory opinion to
the board or the Texas Board of Professional Engineers on a matter,
that agency shall notify the committee of the final action taken
with regard to the matter. The advisory committee shall consider
the action taken by the agency on the matter in any advisory opinion
subsequently issued by the committee on a related matter.
(g) The board and the Texas Board of Professional Engineers
shall 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. Chapter 1051, Occupations Code, is amended by
adding a heading for a new Part 2 of that chapter to read as follows:
PART 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS, LANDSCAPE
ARCHITECTS, AND INTERIOR DESIGNERS
SECTION 2.02. Existing Subchapters F, H, J, and K, Chapter
1051, Occupations Code, are designated as part of the new Part 2 of
Chapter 1051.
SECTION 2.03. The heading to existing Subchapter F, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER E [F]. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
SECTION 2.04. The heading to Section 1051.251, Occupations
Code, is amended to read as follows:
Sec. 1051.251. PUBLIC INTEREST INFORMATION; DISPLAY OF
CERTIFICATE.
SECTION 2.05. Section 1051.251, Occupations Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(a) The board shall prepare information of public interest
describing the functions of the board and the procedures by which
complaints are filed with and resolved by the board. The
information must include information for prospective applicants
regarding the qualifications and requirements for registration
under this subtitle [chapter].
(c) In each written contract in which a person registered
under this subtitle agrees to practice the person's profession in
this state, the person shall 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) A person registered under this subtitle shall
prominently display the person's certificate of registration in the
person's place of business.
SECTION 2.06. Sections 1051.252 and 1051.253, Occupations
Code, are amended to read as follows:
Sec. 1051.252. COMPLAINTS. (a) The board by rule shall
establish a comprehensive procedure for receiving and adjudicating
complaints from consumers and service recipients. The rules must
address each phase of the complaint process, including complaint
intake, preliminary evaluation, investigation, adjudication,
sanctions, and public disclosure.
(b) The board [by rule] shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the board for the purpose of
directing complaints to the board. The board may provide for that
notice:
(1) on each registration form, application, or written
contract for services of a person regulated under this subtitle
[chapter];
(2) on a sign prominently displayed in the place of
business of each person regulated under this subtitle [chapter]; or
(3) in a bill for service provided by a person
regulated under this subtitle [chapter].
Sec. 1051.253. COMPLAINT INFORMATION. (a) The board shall
maintain a [keep an information] file on [about] each complaint
filed with the board that the board has authority to resolve. The
file must include:
(1) the name of the person who filed the complaint
unless the complaint is filed anonymously;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall 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) The [If a written complaint is filed with the board that
the board has the authority to resolve, the] board, at least
quarterly [and] until final disposition of the complaint, shall
notify the person filing [parties to] the complaint and each person
who is a subject of the complaint of the status of the investigation
[complaint] unless the notice would jeopardize an [undercover]
investigation.
SECTION 2.07. Section 1051.254(a), Occupations Code, is
amended to read as follows:
(a) The board shall 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. Chapter 1051, Occupations Code, is amended by
adding a new Subchapter F to the new Part 2 of that chapter to read
as follows:
SUBCHAPTER F. GENERAL REGISTRATION REQUIREMENTS
Sec. 1051.301. ADMINISTRATION OF EXAMINATION TO DISABLED
APPLICANTS. The board by rule shall 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. Notwithstanding Section
2113.203, Government Code, the board may delegate the collection of
any examination fee prescribed by the board to the person who
conducts the examination.
Sec. 1051.303. REFUND POLICY. The board by rule shall adopt
a comprehensive refund policy for applicants who are not able to
take an examination under this subtitle after paying the
examination fee. The comprehensive refund policy must include:
(1) a list of the circumstances under which the board
will refund the examination fee to an applicant who does not take
the examination;
(2) the required documentation to support a refund
request;
(3) the deadline for applying for a refund; and
(4) the amount of the examination fee the board may
retain to cover administrative costs.
Sec. 1051.304. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes an examination under this
subtitle, the board shall notify the person of the results of the
examination.
(b) If an examination is graded or reviewed by a testing
service:
(1) the board shall 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
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(c) The board may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails an
examination administered under this subtitle, the board shall
provide the person with an analysis of the person's performance on
the examination.
Sec. 1051.305. RECIPROCITY. (a) The board may 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:
(1) that has licensing or registration requirements
substantially equivalent to those of this state; or
(2) with which this state has a reciprocity agreement.
(b) The board may make an agreement, subject to the approval
of the governor, with another state to allow for licensing by
reciprocity.
(c) An applicant under this section must:
(1) apply in the same manner and form as any other
applicant under this subtitle, except that the application must be
accompanied by a fee in an amount set by the board as reasonable and
necessary to cover the cost of processing and investigating the
application and issuing the certificate of registration; and
(2) provide the board with documents and other
evidence that substantiates the applicant's qualifications.
Sec. 1051.306. FIRM REGISTRATION. The board by rule may
require a firm, partnership, corporation, or association that
engages in the practice of architecture, landscape architecture, or
interior design to register with the board under this subtitle.
Sec. 1051.307. ROSTER OF APPLICANTS. The board shall
maintain a roster of all persons who apply for a certificate of
registration under this subtitle. The roster must include the
following information about each applicant:
(1) the applicant's name, address, and age;
(2) the date the applicant filed the application;
(3) the applicant's place of business;
(4) the applicant's educational and other
qualifications;
(5) whether the applicant took the examination;
(6) whether the board issued a certificate of
registration to the applicant or rejected the application;
(7) the date of the board's action on the application;
and
(8) any other information the board considers
necessary.
SECTION 2.09. The heading to existing Subchapter H, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER G [H]. RENEWAL OF CERTIFICATE OF REGISTRATION
SECTION 2.10. Sections 1051.351-1051.354, Occupations
Code, are amended to read as follows:
Sec. 1051.351. ANNUAL RENEWAL REQUIRED. (a) A person who
is otherwise eligible to renew a certificate of registration under
this subtitle may renew an unexpired certificate by paying the
required renewal fee to the board before the expiration date of the
certificate. A person whose certificate of registration has
expired may not engage in activities that require registration
until the certificate of registration has been renewed [An original
certificate of registration is valid for the balance of the current
registration year and may be renewed annually. A certificate of
registration that has been renewed expires on the first anniversary
of the renewal date].
(b) The board by rule may adopt a system under which
certificates of registration expire on various dates during the
year. [The board shall adjust the date for mailing notice of
expiration and the period for renewal according to the system
adopted by the board under this subsection.]
(c) For the [a] year in which the certificate of
registration expiration date is changed, the board shall prorate
renewal fees [shall be prorated] 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. 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. Not later than the
30th [31st] day before the [expiration] date [of] a person's
certificate of registration is scheduled to expire, the board shall
send written notice of the impending expiration to the person at the
person's last known address according to the records of the board
[records].
Sec. 1051.353. PROCEDURE FOR RENEWAL. (a) A person may
renew an unexpired certificate of registration by[:
[(1) paying the required renewal fee to the board
before the expiration date; and
[(2)] submitting proof satisfactory to the board of
compliance with the board's continuing education requirement.
(b) A person whose certificate of registration has been
expired for 90 days or less [than one year] may renew the [person's]
certificate [of registration] by[:
[(1)] paying to the board a[:
[(A) any unpaid] renewal fee that is equal to
1-1/2 times the normally required renewal fee[; and
[(B) a penalty fee in an amount determined by the
board; and
[(2) submitting proof satisfactory to the board of
compliance with the board's continuing education requirement].
(c) A [The board may set a penalty fee for a] person whose
certificate of registration has been expired for more [less] than
90 days [in an amount that is different from the penalty fee for a
person whose certificate of registration has been expired for
longer than 90 days] but less than one year may renew the
certificate by paying to the board a renewal fee equal to two times
the normally required renewal fee.
(d) A person whose [The board shall issue a certificate of
renewal of a person's] certificate of registration has been expired
for one year or more may not renew the certificate. The person may
obtain a new certificate of registration by complying with the
requirements and procedures, including the examination
requirements, for obtaining an original certificate [on receipt of:
[(1) the required fees, as provided by this section;
and
[(2) the required proof of compliance with the board's
continuing education requirement].
(e) 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 may obtain a new certificate of registration
without reexamination. The person must pay to the board a fee that
is equal to two times the normally required renewal fee for the
certificate of registration. [If a person's certificate of
registration has been expired for one year or more, the board may
revoke the certificate of registration and enter the revocation in
its official records. The board may require an applicant for
reinstatement of a certificate of registration revoked under this
subsection to pass an examination prescribed by the board. If the
person passes the examination, the person's certificate of
registration may be reinstated on receipt of a fee in an amount
determined by the board.]
Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A
person required to register under this subtitle [An architect] 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:
(1) is in good standing as an architect, landscape
architect, or interior designer in this state; or
(2) was in good standing as an architect, landscape
architect, or interior designer in this state at the time the person
entered into military service.
(b) A person who is exempt from payment of a fee under
Subsection (a):
(1) is exempt for the remainder of the fiscal year
during which the person's active duty status expires; and
(2) is entitled to have the person's name continued on
the list of architects, landscape architects, or interior
designers.
SECTION 2.11. Section 1051.355, Occupations Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (e) to read as follows:
(a) The board by rule shall establish a procedure by which a
person who is registered under this subtitle [an architect] may
place the person's certificate of registration on inactive status.
The person must apply for inactive status, on a form prescribed by
the board, before the person's certificate of registration expires.
(b) A person whose certificate of registration is on
inactive status must pay an annual renewal fee on a date and in a
manner prescribed by board rule. The board shall prescribe the
renewal fee under this subsection in an amount equal to the sum of:
(1) the amount determined by the board as reasonable
and necessary to cover the costs of administering this section; and
(2) except as provided by Subsection (e), the
additional amount required under Section 1051.651(b)(1)(B)
[1051.204(b)(1)(B)] for the examination fee scholarship program.
(c) A person whose certificate of registration is on
inactive status may not perform any activity regulated under this
subtitle [chapter].
(e) 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. Sections 1051.356(a) and (d), Occupations
Code, are amended to read as follows:
(a) The board shall recognize, prepare, or administer
[require] continuing education programs for its certificate
holders. A certificate holder must participate in the programs to
the extent required by the board to keep the person's [as a
condition for renewal of a] certificate of registration.
(d) A person is exempt from the continuing education
requirements of this section if the person is, as of September 1,
1999, engaged in teaching the subject matter for which the person is
registered under this subtitle [architecture] as a full-time
faculty member or other permanent employee of an institution of
higher education, as defined by Section 61.003, Education Code.
SECTION 2.13. Chapter 1051, Occupations Code, is amended by
adding a new Subchapter H to the new Part 2 of that chapter to read
as follows:
SUBCHAPTER H. GENERAL DISCIPLINARY PROCEDURES
Sec. 1051.401. RIGHT TO HEARING; APPEAL. (a) If the board
proposes to suspend, revoke, or refuse to renew a person's
certificate of registration, the person is entitled to a hearing.
The hearing shall be held by an administrative law judge of the
State Office of Administrative Hearings.
(b) The board shall 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) A hearing under this section is a contested case subject
to Chapter 2001, Government Code, and must 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. The board by rule shall provide for the publication of
all disciplinary orders and sanctions imposed by the board under
this subtitle. A certificate holder may not negotiate with the
board to keep the board from publishing the settlement of a
disciplinary action.
Sec. 1051.403. REINSTATEMENT. (a) 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 may not apply 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) The board may issue or reinstate a certificate of
registration under this section to an applicant who:
(1) pays all fees and costs incurred by the board as a
result of any proceeding that led to the denial, revocation, or
suspension; and
(2) presents evidence to support the issuance or
reinstatement of the certificate.
SECTION 2.14. The heading to existing Subchapter J, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER I [J]. ADMINISTRATIVE PENALTY
SECTION 2.15. Section 1051.451, Occupations Code, is
amended to read as follows:
Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The
board may impose an administrative penalty on a person who engages
in conduct for which the person is subject to disciplinary action
under this subtitle [Subchapter I], regardless of whether the
person holds a certificate of registration issued under this
subtitle [chapter].
SECTION 2.16. Section 1051.452, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The amount of an administrative penalty may not exceed
$5,000 [$1,000].
(c) The board by rule shall 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. The board must provide the administrative penalty
schedule to the public on request.
SECTION 2.17. The heading to existing Subchapter K, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER J [K]. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
SECTION 2.18. Section 1051.501, Occupations Code, is
amended to read as follows:
Sec. 1051.501. GENERAL ENFORCEMENT AUTHORITY. (a) A
violation of this subtitle [chapter] shall be reported to the
board.
(b) The board shall ensure that enforcement action is taken
against a person who violates this subtitle [chapter].
SECTION 2.19. Section 1051.502(a), Occupations Code, is
amended to read as follows:
(a) The board may bring an action in its name to enjoin or
restrain a person from violating this subtitle [chapter], a rule
adopted under this subtitle [chapter], or another state statute or
rule relating to the professions regulated under this subtitle
[practice of architecture].
SECTION 2.20. Section 1051.504, Occupations Code, is
amended to read as follows:
Sec. 1051.503 [1051.504]. CUMULATIVE EFFECT OF
PROVISIONS. An action or penalty authorized by this subtitle
[subchapter] is in addition to any other action or penalty provided
by law.
SECTION 2.21. Existing Subchapter K, Chapter 1051,
Occupations Code, is amended by adding Sections 1051.504 and
1051.505 to read as follows:
Sec. 1051.504. CEASE AND DESIST ORDER. (a) 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, the board after providing to the person notice and the
opportunity for a hearing may issue a cease and desist order
prohibiting the conduct described in the notice.
(b) If the person does not request a hearing before the 22nd
day after the date of receiving notice under Subsection (a), the
board may:
(1) issue a cease and desist order; and
(2) refer the violation to the attorney general for
further action.
(c) If the person requests a hearing before the 22nd day
after the date of receiving notice under Subsection (a), the board
shall hold the hearing not later than the 30th day after the date
the board receives the request for the hearing.
(d) A hearing under this section is subject to Chapter 2001,
Government Code.
(e) The board shall adopt rules necessary to implement this
section.
Sec. 1051.505. RESTITUTION. (a) The board may 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) The amount of restitution ordered by the board may not
exceed the amount the consumer paid the person for a service
regulated under this subtitle. The board may not include an
estimation of other damages or harm in a restitution order.
ARTICLE 3. PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 3.01. Chapter 1051, Occupations Code, is amended by
adding a heading for a new Part 3 of that chapter to read as follows:
PART 3. PROVISIONS APPLYING ONLY TO ARCHITECTS
SECTION 3.02. Existing Subchapters B, G, and I, Chapter
1051, Occupations Code, are designated as a part of the new Part 3
of Chapter 1051.
SECTION 3.03. Chapter 1051, Occupations Code, is amended by
adding a new Subchapter K to the new Part 3 of that chapter to read
as follows:
SUBCHAPTER K. GENERAL PROVISIONS: ARCHITECTS
Sec. 1051.551. ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS. (a)
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 may 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) Subsection (a) does not apply to a plan, specification,
or document that is subject to an exemption from this chapter.
SECTION 3.04. The heading to existing Subchapter B, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER L [B]. EXEMPTIONS
SECTION 3.05. The heading to Section 1051.051, Occupations
Code, is amended to read as follows:
Sec. 1051.601 [1051.051]. ACTIVITIES OF LICENSED ENGINEER.
SECTION 3.06. The heading to Section 1051.052, Occupations
Code, is amended to read as follows:
Sec. 1051.602 [1051.052]. ACTIVITIES OF ARCHITECT OR
ENGINEER EMPLOYEE.
SECTION 3.07. Section 1051.053, Occupations Code, is
amended to read as follows:
Sec. 1051.603 [1051.053]. LANDSCAPE ARCHITECTURE. This
part [chapter] does not:
(1) limit the practice of landscape architecture; or
(2) prohibit the use of the title "Landscape
Architect" by a qualified person.
SECTION 3.08. Section 1051.054, Occupations Code, is
amended to read as follows:
Sec. 1051.604 [1051.054]. INTERIOR DESIGN. This part
[chapter] does not:
(1) limit the practice of interior design; or
(2) prohibit the use of the title "Interior Designer"
by a qualified person.
SECTION 3.09. The heading to Section 1051.055, Occupations
Code, is amended to read as follows:
Sec. 1051.605 [1051.055]. EMPLOYEE OF CERTAIN UTILITIES OR
AFFILIATES.
SECTION 3.10. Section 1051.055(b), Occupations Code, is
amended to read as follows:
(b) 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:
(1) the title or classification in connection with an
offer to the public to perform architectural services; and
(2) a name, title, or other word that tends to convey
the impression that a person not registered as an architect under
this chapter is offering to the public to perform architectural
services.
SECTION 3.11. The heading to Section 1051.056, Occupations
Code, is amended to read as follows:
Sec. 1051.606 [1051.056]. ACTIVITIES OF CERTAIN PERSONS
NOT REPRESENTED TO BE ARCHITECTS.
SECTION 3.12. Section 1051.056(a), Occupations Code, is
amended to read as follows:
(a) 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:
(1) engages in or is employed in the practice of
architecture solely as an officer or employee of the United States;
(2) is a legally qualified architect residing in
another state or country who:
(A) does not open or maintain an office in this
state; and
(B) complies with the requirements of Subsection
(b);
(3) prepares architectural plans and specifications
for or observes or supervises the alteration of a building, unless
the alteration involves a substantial structural or exitway change
to the building; or
(4) prepares the architectural plans and
specifications for or observes or supervises the construction,
enlargement, or alteration of a privately owned building that is:
(A) a building used primarily for:
(i) farm, ranch, or agricultural purposes;
or
(ii) storage of raw agricultural
commodities;
(B) a single-family or dual-family dwelling or a
building or appurtenance associated with the dwelling;
(C) a multifamily dwelling not exceeding a height
of two stories and not exceeding 16 units per building; [or]
(D) a commercial building that does not exceed
[exceeding] a height of two stories or [and not exceeding] a square
footage of 5,000 [20,000] square feet; or
(E) a warehouse that has limited public access.
SECTION 3.13. Chapter 1051, Occupations Code, is amended by
adding a new Subchapter M to the new Part 3 of that chapter to read
as follows:
SUBCHAPTER M. BOARD POWERS AND DUTIES: ARCHITECTS
Sec. 1051.651. FEES. (a) The board may 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) The board shall set the required renewal fee for:
(1) a resident of this state in an amount that is equal
to the sum of:
(A) the amount determined by the board as
reasonable and necessary to cover administrative costs; and
(B) an amount determined annually by the board as
reasonable and necessary for the administration of the examination
fee scholarship program under Section 1051.653; and
(2) nonresidents in an amount determined by the board.
(c) The board may accept payment of a fee by electronic
means. The board may charge a fee to process the payment made by
electronic means. The board shall 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) A fee set by the board under this section may not be used
for the purpose of earning additional revenue for the board.
Sec. 1051.652. FEE INCREASE. (a) 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) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
Sec. 1051.653. EXAMINATION FEE SCHOLARSHIPS. (a) The
board shall administer scholarships to applicants for examination
under this part in a manner the board determines best serves the
public purpose of:
(1) promoting the professional needs of the state;
(2) increasing the number of highly trained and
educated architects available to serve the residents of the state;
(3) improving the state's business environment and
encouraging economic development; and
(4) identifying, recognizing, and supporting
outstanding applicants who plan to pursue careers in architecture.
(b) In determining what best serves the public purpose of
the scholarships as described by Subsection (a), the board shall
consider at least the financial need of each person who applies for
a scholarship under this section.
(c) The amount of the scholarship is the lesser of:
(1) $500; or
(2) the amount of the required examination fee.
(d) Scholarships under this section are funded by the amount
added to each renewal fee under Section 1051.651(b). The board may
not use 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)
The board shall prescribe and approve the seal to be used by an
architect.
(b) The design of the seal must 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. The heading to existing Subchapter G, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER N [G]. REGISTRATION OF ARCHITECTS [REQUIREMENTS]
SECTION 3.15. Existing Section 1051.301, Occupations Code,
is amended to read as follows:
Sec. 1051.701 [1051.301]. REGISTRATION REQUIRED. (a) A
person may not engage in the practice of architecture or offer or
attempt to engage in the practice of architecture unless the person
is registered as an architect under this chapter.
(b) A firm, partnership, corporation, or association,
including a firm, partnership, corporation, or joint stock
association engaged in the practice of engineering under Section
1001.405, may engage in the practice of architecture, represent to
the public that the entity is engaged in the practice of
architecture or is offering architectural services, or use the word
"architect" or "architecture" in any manner in its name only if any
practice of architecture or architectural service performed on
behalf of the entity is performed by or through a person registered
as an architect under this chapter.
SECTION 3.16. The heading to existing Section 1051.302,
Occupations Code, is amended to read as follows:
Sec. 1051.702 [1051.302]. USE OF ARCHITECT'S SEAL.
SECTION 3.17. Existing Section 1051.302, Occupations Code,
is amended by adding Subsection (d) to read as follows:
(d) A person may not present or attempt to use as the
person's own the seal of another person.
SECTION 3.18. The heading to existing Section 1051.303,
Occupations Code, is amended to read as follows:
Sec. 1051.703 [1051.303]. CERTAIN PLANS OR SPECIFICATIONS
TO BE PREPARED ONLY BY ARCHITECT.
SECTION 3.19. The heading to existing Section 1051.304,
Occupations Code, is amended to read as follows:
Sec. 1051.704 [1051.304]. EXAMINATION; ISSUANCE OF
CERTIFICATE.
SECTION 3.20. The heading to existing Section 1051.305,
Occupations Code, is amended to read as follows:
Sec. 1051.705 [1051.305]. ELIGIBILITY AND APPLICATION FOR
EXAMINATION.
SECTION 3.21. Existing Section 1051.305, Occupations Code,
is amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The applicant must[:
[(1)] present to the board:
(1) [(A)] a diploma showing that the applicant meets
the education requirement established by Subsection (a)(1); and
(2) [(B)] evidence acceptable to the board that the
applicant meets the experience requirement established by
Subsection (a)(2).
(c) The[; and
[(2) pay to the] board shall set an examination [a] fee
[not to exceed $300] in an amount [set by the board as] reasonable
and necessary to cover the cost of [administering] the examination.
SECTION 3.22. The heading to existing Subchapter I, Chapter
1051, Occupations Code, is amended to read as follows:
SUBCHAPTER O [I]. DISCIPLINARY PROCEDURES FOR ARCHITECTS
SECTION 3.23. Existing Sections 1051.401 and 1051.402,
Occupations Code, are amended to read as follows:
Sec. 1051.751 [1051.401]. DISCIPLINARY POWERS OF BOARD.
(a) On a determination that a ground for discipline exists under
Section 1051.752 [1051.402], the board shall [may]:
(1) revoke, [or] suspend, or refuse to renew a
certificate of registration;
(2) [place on probation a person whose certificate of
registration is suspended;
[(3)] reprimand a certificate [the] holder [of a
certificate of registration]; or
(3) [(4)] impose an administrative penalty on a person
under Subchapter I [J].
(b) The board may place on probation a person whose
certificate of registration is suspended. If the suspension [of a
person's certificate of registration] is probated, the board may
require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review [renew] professional education
until the person attains a degree of skill satisfactory to the board
in those areas that are the basis of the probation.
Sec. 1051.752 [1051.402]. GROUNDS FOR DISCIPLINARY ACTION.
A person is subject to disciplinary action under Section 1051.751
[1051.401] for:
(1) a violation of this subtitle [chapter] or a board
rule adopted under this subtitle that applies to architects
[chapter];
(2) a failure to provide or to timely provide to the
Texas Department of Licensing and Regulation any document
designated by Article 9102, Revised Statutes, as a document the
person is required to provide to the department;
(3) a cause for which the board may refuse to issue a
certificate of registration;
(4) gross incompetency in the practice of
architecture;
(5) recklessness in the practice of architecture,
including recklessness in the construction or alteration of a
building by an architect designing, planning, or observing the
construction or alteration; [or]
(6) dishonest practice in the practice of architecture
by the holder of a certificate of registration;
(7) giving false or forged evidence to the board or a
board member in obtaining or assisting another person to obtain a
certificate of registration;
(8) aiding or abetting a person not registered under
this subtitle in violating this subtitle; or
(9) using or attempting to use as the person's own the
certificate of registration of another person.
SECTION 3.24. Chapter 1051, Occupations Code, is amended by
adding a new Subchapter P to the new Part 3 of that chapter to read
as follows:
SUBCHAPTER P. OTHER PENALTIES AND ENFORCEMENT PROVISIONS:
ARCHITECTS
Sec. 1051.801. CRIMINAL PENALTY. (a) A person, whether
acting independently or on behalf of the person's firm, commits an
offense if, in violation of this chapter, the person:
(1) engages in the practice of architecture, or offers
or attempts to engage in the practice of architecture;
(2) prepares architectural plans or specifications
for and observes or supervises the construction, enlargement, or
alteration of a building for another person; or
(3) advertises or puts out a sign, card, or drawing
designating the person as an architect or architectural designer or
uses another business or professional title that uses a form of the
word "architect."
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $250 and not more than $1,000.
Each day of violation is a separate offense.
(c) In an action brought under this section, the board may
be represented by a district or county attorney or by other counsel
as necessary.
ARTICLE 4. PROVISIONS AFFECTING ONLY LANDSCAPE ARCHITECTS
SECTION 4.01. Subchapter A, Chapter 1052, Occupations Code,
is amended by adding Sections 1052.004, 1052.005, and 1052.006 to
read as follows:
Sec. 1052.004. ACTIVITIES OF LANDSCAPE ARCHITECT EMPLOYEE.
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) This chapter does not
apply to a person:
(1) who does not represent that the person is a
landscape architect or use a business or professional title that
uses a form of the phrase "landscape architect"; and
(2) who is a landscape architect licensed or
registered in another state or country who:
(A) does not open or maintain a business in this
state; and
(B) complies with the requirements of Subsection
(b).
(b) 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 may perform a landscape architectural service in this
state only if, in performing the service, the person:
(1) employs a landscape architect registered under
this chapter as a consultant; or
(2) acts as a consultant of a landscape architect
registered in this state.
Sec. 1052.006. EXCEPTION TO CERTAIN EXEMPTIONS. (a) In
this section, "public accommodation" has the meaning assigned by
the Americans with Disabilities Act of 1990 (42 U.S.C. Section
12181).
(b) Except as provided by Subsection (c), a person who
performs an act described by Section 2(a), Chapter 457, Acts of the
61st Legislature, Regular Session, 1969 (Article 249c, Vernon's
Texas Civil Statutes), may not engage in the practice of landscape
architecture without a certificate of registration under this
chapter if the person designs spaces in the landscape that:
(1) are for public accommodation; or
(2) otherwise affect the public health, safety, or
welfare.
(c) This section does not apply to a person described by
Section 2(a)(11), Chapter 457, Acts of the 61st Legislature,
Regular Session, 1969 (Article 249c, Vernon's Texas Civil
Statutes).
SECTION 4.02. Section 1052.054, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The board may 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.
(d) A fee set by the board under this section may not be used
for the purpose of earning additional revenue for the board.
SECTION 4.03. The heading to Section 1052.056, Occupations
Code, is amended to read as follows:
Sec. 1052.056. [FORM AND] DESIGN AND APPROVAL OF LANDSCAPE
ARCHITECT'S SEAL.
SECTION 4.04. Section 1052.056(a), Occupations Code, is
amended to read as follows:
(a) The board shall prescribe and approve [the form of] the
seal to be used by a landscape architect.
SECTION 4.05. Sections 1052.251 and 1052.252, Occupations
Code, are amended to read as follows:
Sec. 1052.251. DISCIPLINARY POWERS OF BOARD. (a) On a
determination that a ground for discipline exists under Section
1052.252, the board shall [may]:
(1) revoke, [or] suspend, or refuse to renew a
certificate of registration;
(2) [place on probation a person whose certificate of
registration is suspended;
[(3)] reprimand a certificate [the] holder [of a
certificate of registration]; or
(3) [(4)] impose an administrative penalty on a person
under Subchapter I, Chapter 1051 [G].
(b) The board may place on probation a person whose
certificate of registration is suspended. If the suspension [of a
person's certificate of registration] is probated, the board may
require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review [renew] professional education
until the person attains a degree of skill satisfactory to the board
in those areas that are the basis of the probation.
Sec. 1052.252. GROUNDS FOR DISCIPLINARY ACTION. A person
is subject to disciplinary action under Section 1052.251 for:
(1) violating this subtitle [chapter] or a board rule
adopted under this subtitle that applies to landscape architects
[chapter];
(2) using fraud or deceit in obtaining a certificate
of registration;
(3) giving false or forged evidence to the board or a
member of the board in obtaining or assisting another person to
obtain a certificate of registration;
(4) using or attempting to use as the person's own the
certificate of registration of another person;
(5) holding the person out to the public as an engineer
or using the term "engineer," "engineered," "professional
engineer," or "P.E." or any other term tending to create the
impression that the person is authorized to practice engineering or
another profession unless the person is licensed under Chapter 1001
or another licensing law of this state, as applicable;
(6) holding the person out to the public as a surveyor
or using the term "surveyor," "surveyed," or "registered
professional land surveyor" or any other term tending to create the
impression that the person is authorized to practice surveying or
another profession unless the person is licensed under Chapter 1071
or another licensing law of this state, as applicable;
(7) committing an act of recklessness [gross
negligence], gross incompetency, or misconduct in the practice of
landscape architecture; [or]
(8) failing to provide or to timely provide to the
Texas Department of Licensing and Regulation any document
designated by Article 9102, Revised Statutes, as a document the
person is required to provide to the department;
(9) acting dishonestly in the practice of landscape
architecture; or
(10) aiding or abetting a person not registered under
this subtitle in violating this subtitle.
ARTICLE 5. PROVISIONS AFFECTING ONLY INTERIOR DESIGNERS
SECTION 5.01. Section 1053.002, Occupations Code, is
amended to read as follows:
Sec. 1053.002. APPLICATION. (a) This chapter does not
apply to:
(1) a person who:
(A) [(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; and
(B) is an interior designer licensed or
registered in another state or country who:
(i) does not open or maintain a business in
this state; and
(ii) complies with the requirements of
Subsection (b); or
(2) a person who is registered to practice
architecture in this state.
(b) A person described by Subsection (a)(1) who agrees to
perform or represents that the person is able to perform [This
chapter does not:
[(1) prohibit an employee of an interior designer or
architect from performing] an interior design service may perform
an interior design service in this state if, in performing the
service, the person:
(1) employs an [under the control, instruction, or
supervision of the] interior designer registered under this chapter
as a consultant [or architect]; or
(2) acts as a consultant of an interior designer
[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].
SECTION 5.02. Section 1053.052, Occupations Code, is
amended by adding Subsection (d) to read as follows:
(d) A fee set by the board under this section may not be used
for the purpose of earning additional revenue for the board.
SECTION 5.03. Subchapter B, Chapter 1053, Occupations Code,
is amended by adding Section 1053.058 to read as follows:
Sec. 1053.058. DESIGN AND APPROVAL OF INTERIOR DESIGNER'S
SEAL. (a) The board shall prescribe and approve the seal to be used
by an interior designer.
(b) The design of the seal must 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. Section 1053.160, Occupations Code, is
amended to read as follows:
Sec. 1053.160. USE OF INTERIOR DESIGNER'S SEAL. (a) An
interior designer shall maintain a [is entitled to use any] seal
described by Section 1053.058 and shall stamp or impress the seal on
each drawing or specification issued from the interior designer's
office for use in this state [adopted by the board].
(b) A person may not use or attempt 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) An interior designer may not permit a person who is not
an interior designer to use the interior designer's seal without
the interior designer's personal supervision.
(d) A person may not present or attempt to use as the
person's own the seal of another person.
SECTION 5.05. Sections 1053.251(a) and (b), Occupations
Code, are amended to read as follows:
(a) On a determination that a ground for disciplinary action
exists under Section 1053.252, the board shall [may]:
(1) revoke, [or] suspend, or refuse to renew a
certification of registration;
(2) [place on probation a person whose certificate of
registration has been suspended;
[(3)] reprimand a certificate [the] holder [of a
certificate of registration]; or
(3) [(4)] impose an administrative penalty on a person
under Subchapter I, Chapter 1051 [G].
(b) The board may place on probation a person whose
certificate of registration is suspended. If the suspension [of a
person's certificate of registration] is probated, the board may
require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review [renew] professional education
until the person attains a degree of skill satisfactory to the board
in those areas that are the basis of the probation.
SECTION 5.06. Section 1053.252, Occupations Code, is
amended to read as follows:
Sec. 1053.252. GROUNDS FOR DISCIPLINARY ACTION. A person
is subject to disciplinary action under Section 1053.251 for:
(1) violating this subtitle [chapter] or a board rule
adopted under this subtitle that applies to interior designers
[chapter];
(2) being convicted of a felony or of a misdemeanor
involving moral turpitude;
(3) using fraud or deceit in obtaining or attempting
to obtain a certificate of registration;
(4) committing an act of recklessness, gross
incompetency, or misconduct in the practice of interior design
[performing professional duties in a grossly negligent manner];
(5) practicing in a manner detrimental to the public
health, safety, or welfare;
(6) advertising in a manner that tends to deceive or
defraud the public;
(7) aiding or abetting any person not registered under
this subtitle [chapter] in violating this subtitle [chapter]; [or]
(8) failing to provide or to timely provide to the
Texas Department of Licensing and Regulation any document
designated by Article 9102, Revised Statutes, as a document the
person is required to provide to the department;
(9) giving false or forged evidence to the board or a
member of the board in obtaining or assisting another person to
obtain a certificate of registration;
(10) using or attempting to use as the person's own the
certificate of registration of another person; or
(11) acting dishonestly in the practice of interior
design.
SECTION 5.07. The heading to Subchapter H, Chapter 1053,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. [OTHER] PENALTIES
ARTICLE 6. REPEALER; TRANSITION PROVISIONS; EFFECTIVE DATE
SECTION 6.01. (a) Subchapters C, E, and G, Chapter 1052, and
Subchapters C, E, and G, Chapter 1053, Occupations Code, are
repealed.
(b) 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, are repealed.
SECTION 6.02. Not later than March 1, 2004, the Texas Board
of Architectural Examiners shall:
(1) adopt rules as required by this Act; and
(2) set the fees required by this Act.
SECTION 6.03. (a) 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) 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) 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) 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) 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. The change in law made by this Act by the
amendment of Section 1051.101, Occupations Code, applies only to a
member of the Texas Board of Architectural Examiners appointed on
or after the effective date of this Act. As the terms of board
members expire and vacancies occur on the board on and after the
effective date of this Act, the governor shall appoint new members
to the board who have qualifications that reflect the composition
of the board as amended by this Act.
SECTION 6.05. (a) 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. Those changes in law apply only to a member appointed
on or after September 1, 2003.
(b) Before adopting an administrative penalty schedule
under Section 1051.452(c), Occupations Code, as added by this Act,
the Texas Board of Architectural Examiners shall hold a public
hearing that addresses the proposed administrative penalty
schedule. The board must allow members of the public to present
oral testimony or written documentation at the hearing.
SECTION 6.06. This Act takes effect September 1, 2003.