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.