79R8679 DAK-F


By:  Geren                                                        H.B. No. 1573

Substitute the following for H.B. No. 1573:                                   

By:  Geren                                                    C.S.H.B. No. 1573



A BILL TO BE ENTITLED

AN ACT

relating to the definition of the practice of architecture.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1051.001(7), Occupations Code, is 
amended to read as follows:
		(7)  "Practice of architecture" means a service or 
creative work applying the art and science of architecture in which 
competent performance requires architectural education, training, 
and experience.  The term includes:
			(A)  establishing and documenting the form, 
aesthetics, materials, and construction technology for any 
building, group of buildings, or environs intended to be 
constructed or altered;
			(B)  preparing a set of architectural plans and 
specifications that include all integrated building systems;
			(C)  programming for construction projects, 
including identification of economic, legal, and natural 
constraints and determination of the scope and spatial relationship 
of functional elements;
			(D)  administering the construction process to 
assist in achieving design intent in the finished structure;
			(E)  recommending and overseeing appropriate 
project delivery systems, including design-build method, 
construction management, project management, or program 
management;
			(F)  consulting, investigating, and analyzing 
complex problems of architectural design, technology, or practice, 
including, when a remedy to these problems is sought in a formal 
dispute resolution process, providing expert opinion and 
testimony;
			(G)  research to expand the knowledge base of the 
profession of architecture, including publishing or presenting 
findings in professional forums; and
			(H)  teaching, administering, and developing 
pedagogical theory in academic settings offering architectural 
education [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].
	SECTION 2.  Section 1051.701, Occupations Code, is amended 
by amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  Subject to Subsection (a-1), 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.
	(a-1)  For purposes of Subsection (a), a person does not 
engage in the practice of architecture or offer or attempt to engage 
in the practice of architecture solely because the person engages 
in an activity described by Section 1051.001(7)(C), (D), (E), (F), 
(G), or (H).
	SECTION 3.  Section 150.001, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 150.001.  DEFINITIONS [DEFINITION].  In this chapter:
		(1)  "Design[, "design] professional" means a 
registered architect or licensed professional engineer.
		(2)  "Practice of architecture" has the meaning 
assigned by Section 1051.001, Occupations Code.
	SECTION 4.  Section 3 of this Act applies only to a cause of 
action that accrues on or after the effective date of this Act.  An 
action that accrued before the effective date of this Act is 
governed by the law applicable to the action immediately before the 
effective date of this Act, and that law is continued in effect for 
that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.