2003S0451-1 03/03/03
By: Lucio S.B. No. 852
A BILL TO BE ENTITLED
AN ACT
relating to regulation of interior designers; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1053, Occupations Code, as
effective June 1, 2003, is amended by adding Section 1053.0001 to
read as follows:
Sec. 1053.0001. SHORT TITLE. This chapter may be cited as
the Interior Design Practice Act.
SECTION 2. Section 1053.001, Occupations Code, as effective
June 1, 2003, is amended by amending Subdivisions (2) and (3) and
adding Subdivisions (4) through (7) to read as follows:
(2)(A) "Interior design" means the performance of
professional services that include, but are not limited to:
(i) preparing, and filing with code
enforcement officials, interior design construction documents for
nonstructural or nonseismic interior construction;
(ii) obtaining building permits for
nonstructural or nonseismic interior construction;
(iii) preparing documents to illustrate
materials, finishes, space planning, reflected ceiling plans,
furnishings, fixtures, and equipment;
(iv) analyzing the client's needs, goals,
and life safety requirements while protecting the health, safety,
and welfare of the public;
(v) integrating findings with knowledge of
interior design;
(vi) formulating preliminary design
concepts that are appropriate, functional, and aesthetic;
(vii) developing and presenting final
design recommendations through appropriate presentation media;
(viii) collaborating with architects and
other licensed professionals as required for regulatory approval;
(ix) preparing and administering bids and
contract documents as the client's agent; and
(x) reviewing and evaluating the
implementation of projects while in progress and upon completion as
a representative of and on behalf of the client.
(B) The term "interior design" does not include
design or construction of structural, mechanical, plumbing,
heating, air conditioning, ventilation, electrical or vertical
transportation systems, fire-rated vertical shafts in multistory
structures, fire-related protection of structural elements, smoke
evacuation and compartmentalization, emergency sprinkler systems,
or emergency alarm systems [(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].
(3) "Interior designer" means a person who is
registered under this chapter to engage in the practice of interior
design. A registered interior designer means a person registered
under this chapter.
(4) "Nonstructural or nonseismic" means interior
elements or components that are not load bearing, do not assist in
the seismic design, and do not require computations related to a
building's structural design. The term includes ceiling and
partition systems that employ standard bracing and are not part of
the structural integrity of the building. The term does not include
the structural frame system supporting a building.
(5) "Space planning" means the analysis and design of
spatial and occupancy requirements, including space layouts and
final planning.
(6) "Reflected ceiling plan" means a ceiling design
that illustrates a ceiling as if it were projected downward and may
include lighting and other elements.
(7) "Responsible supervisory control" is the direct
responsibility for supervision by a registered interior designer of
the work and the decision-making process including the ability to
review, enforce, and control compliance with all design criteria
and life safety requirements.
SECTION 3. Section 1053.002, Occupations Code, as effective
June 1, 2003, 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, except that such persons may not refer to themselves as
"registered interior designers" unless registered under this
chapter.
(b) This chapter does not:
(1) prohibit an employee of a retail establishment
from providing consultation regarding interior decoration or
furnishings on the premises of the retail establishment or in the
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 persons who provide decorative services
or assistance in the selection of surface materials, window
treatments, wall coverings, paint, floor coverings,
surface-mounted fixtures, and loose furnishings.
SECTION 4. Section 1053.051, Occupations Code, as effective
June 1, 2003, is amended by adding Subsections (c) and (d) to read
as follows:
(c) The board shall administer and enforce provisions of
this chapter and shall adopt regulations to carry out policies of
this chapter.
(d) At all times at least one member of the board must be a
registered interior designer.
SECTION 5. Subsection (a), Section 1053.052, Occupations
Code, as effective June 1, 2003, is amended to read as follows:
(a) The board shall set the following fees, unless otherwise
set in the General Appropriations Act, in amounts that are
reasonable and necessary to cover the costs of administering this
chapter:
(1) a registration application fee;
(2) an annual registration renewal fee; and
(3) a reciprocal registration fee[; and
[(4) an examination fee].
SECTION 6. Section 1053.101, Occupations Code, as effective
June 1, 2003, is amended to read as follows:
Sec. 1053.101. CONTRACTS AND CONSUMER INFORMATION. (a) An
interior designer may be engaged by a client as a consultant,
specifier, or supplier on the basis of a fixed fee, a rate for time,
or a percentage of project or product cost. Before entering into a
contract, an interior designer must clearly determine the scope and
nature of the project and must discuss the proposed project in
detail with the client, including the manner in which all
compensation would be paid. A contract between an interior
designer and client, whether oral or written, shall establish the
scope and nature of the project and the manner in which all
compensation is to be paid. Unless the client knows and agrees, the
interior designer may not accept any form of compensation, whether
cash or in kind, from a supplier of goods or services related to the
project.
(b) Before beginning work on a project, a registered
interior designer must provide the client with the name and mailing
address of the board and tell the client that the board regulates
the practice of interior design in this state.
(c) The board shall prepare information of interest to
consumers that describes:
(1) the functions of the board under this chapter;
(2) the effect of this chapter on consumers' legal
rights; and
(3) the procedures by which a consumer complaint is
filed with and resolved by the board.
(d) [(b)] The board shall make the information available to
the public and appropriate state agencies.
SECTION 7. The heading to Subchapter D, Chapter 1053,
Occupations Code, as effective June 1, 2003, is amended to read as
follows:
SUBCHAPTER D. REGISTRATION [REQUIREMENTS]
SECTION 8. Sections 1053.151 and 1053.152, Occupations
Code, as effective June 1, 2003, is amended to read as follows:
Sec. 1053.151. REGISTRATION REQUIRED. (a) 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 himself or herself out to the public as being
engaged in the practice of interior design or use the words
"interior design" or "interior designer" in the person's name in
any manner 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.
(b) A registered interior designer must be present at each
location where interior design is practiced. That interior
designer bears responsibility for the interior design work
performed at that location and must exercise responsible
supervisory control over nonregistered persons who provide
interior design services at that location [represent that the
person is an "interior designer" by using that title; or
[(2) represent, by using the term "interior design," a
service the person offers or performs].
Sec. 1053.152. ELIGIBILITY REQUIREMENTS. (a) The board
shall establish the qualifications for the issuance or renewal of a
certificate of registration under this chapter, including the
qualifications under Subsection (b).
(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; and
[(3)] pay the required fees;
(3) hold a professional degree in interior design from
a design program accredited by the Foundation for Interior Design
Education Research or a substantially equivalent program as
determined by the board;
(4) have two years of diversified experience as
determined by the board; and
(5) demonstrate knowledge of the requirements of
applicable building codes, fire codes, and local regulations that
define the minimum requirements for safe practice as determined by
the board.
SECTION 9. Subchapter D, Chapter 1053, Occupations Code, as
effective June 1, 2003, is amended by adding Section 1053.1525 to
read as follows:
Sec. 1053.1525. GRANDFATHERED REGISTRANTS. (a) Any
person who applies for registration and remits the application and
initial fees not later than two years after the effective date of
this section shall be registered by the board if:
(1) the person has previously passed the examination
of the National Council for Interior Design Qualification; or
(2) the person is registered under the law as it
existed immediately before the effective date of this section, the
person's license is not inactive, expired, suspended, or revoked,
and on or after the effective date of this section the person:
(A) passes the building and barrier-free code
section of the National Council for Interior Design Qualification;
or
(B) completes 15 hours of board approved
continuing education classes relating to building and barrier-free
codes and regulations, which hours shall be in addition to the
biannual continuing education required of all registrants.
(b) This section expires August 31, 2005.
SECTION 10. Sections 1053.160 and 1053.161, Occupations
Code, as effective June 1, 2003, are amended to read as follows:
Sec. 1053.160. [USE OF INTERIOR DESIGNER'S] SEAL. (a) On
registration, each registered interior designer must obtain a seal
of a design established by the board bearing:
(1) the registrant's name and registration number;
(2) the words "Registered Interior Designer";
(3) the words "State of Texas"; and
(4) the date the registrant's certification of
registration expires.
(b) An interior designer shall maintain a seal as approved
by the board and must stamp or impress the seal on each drawing or
specification issued by the interior designer's office for use in
this state.
(c) 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 under the responsible supervisory control of an
interior designer.
(d) 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.
(e) Interior design construction documents bearing the seal
of a registered interior designer shall be accepted for filing by
the appropriate jurisdiction or local building department [An
interior designer is entitled to use any seal adopted by the board].
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 substantially equivalent or more stringent, as
determined by the board, 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 number issued by the
National Council for Interior Design Qualification.
SECTION 11. The heading and Subsection (a), Section
1053.201, Occupations Code, as effective June 1, 2003, are amended
to read as follows:
Sec. 1053.201. BIANNUAL [ANNUAL] RENEWAL REQUIRED.
(a) The board shall provide for the biannual [annual]
renewal of a certificate of registration.
SECTION 12. Subsection (c), Section 1053.203, Occupations
Code, as effective June 1, 2003, is amended to read as follows:
(c) If a person's certificate of registration has been
expired for one year or more, the board may revoke the certificate
of registration. The board may require an applicant for
reinstatement of a certificate of registration revoked under this
subsection to meet [pass] the eligibility and application
requirements under Subchapter D [registration examination. 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].
SECTION 13. Subsection (a), Section 1053.205, Occupations
Code, as effective June 1, 2003, is amended to read as follows:
(a) The board shall require continuing education programs
as a condition for renewal of a certificate of registration. Each
registered interior designer shall complete a minimum of 16
continuing education program hours for each biannual registration
period.
SECTION 14. Section 1053.351, Occupations Code, as
effective June 1, 2003, is amended to read as follows:
Sec. 1053.351. CRIMINAL PENALTY. (a) A person commits an
offense if, in violation of this chapter, the person or a member of
the person's firm:
(1) engages in the practice of interior design, or
offers or attempts to engage in the practice of interior design, for
a fee or other direct compensation; or
(2) advertises or puts out a sign, card, or drawing
designating the person as an interior design firm or interior
designer or uses another business or professional title that uses a
form of the word "interior design."
(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 [the person knowingly violates Section 1053.151 or a
standard of conduct adopted under this chapter.
[(b) An offense under this section is a Class C
misdemeanor].
SECTION 15. Sections 1053.154 through 1053.158,
Occupations Code, as effective June 1, 2003, are repealed.
SECTION 16. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all members elected to each house,
as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
application for the issuance or renewal of a registration that is
made on or after January 1, 2004. An application made before the
effective date of this Act is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
(c) The Texas Board of Architectural Examiners shall adopt
rules under Chapter 1053, Occupations Code, as amended by this Act,
not later than December 1, 2003.