79R4151 MXM-F
By: Luna H.B. No. 1649
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of interior designers; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1051.101(a), Occupations Code, is
amended 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 registered under
this chapter;
(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.
SECTION 2. Subchapter G, Chapter 1051, Occupations Code, is
amended by adding Section 1051.3515 to read as follows:
Sec. 1051.3515. RENEWAL OF INTERIOR DESIGNER CERTIFICATE OF
REGISTRATION. To be eligible to renew a certificate of
registration, an interior designer who has not passed the
examination of the National Council for Interior Design
Qualification or a similar national organization recognized by the
board must:
(1) pass section one of that examination or pass a
comparable section of an examination of a similar national
organization recognized by the board;
(2) complete, in addition to the continuing education
requirements required for renewal of the certificate of
registration under Section 1051.356, 15 hours of board-approved
continuing education classes relating to building and barrier-free
codes and regulations; or
(3) have engaged in the practice of interior design
for at least three years under the supervision of an architect or
interior designer and passed the examination required for
registration as an architect.
SECTION 3. Section 1053.002, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) This chapter does not apply to:
(1) a person who[:
[(A) 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:
(A) [(i)] does not open or maintain a business in
this state; and
(B) [(ii)] complies with the requirements of
Subsection (b); or
(2) an architect, if the architect does not use the
term "Registered Interior Designer" unless also registered under
this chapter [a person who is registered to practice architecture
in this state].
(c) This chapter does not:
(1) prohibit an employee of a retail establishment
from providing consultations regarding interior decoration or
furnishings:
(A) on the premises of the retail establishment;
or
(B) in furtherance of a retail sale or
prospective retail sale; or
(2) restrict the activities of a person who provides
decorative services or assistance in the selection of surface
materials, window coverings, wall coverings, paint, floor
coverings, surface-mounted fixtures, or loose furnishings not
subject to regulation.
SECTION 4. Section 1053.151, Occupations Code, is amended
to read as follows:
Sec. 1053.151. REGISTRATION REQUIRED. A person other than
an interior designer may not:
(1) engage in the practice of interior design or offer
or attempt to engage in the practice of interior design; or
(2) represent that the person is engaged in the
practice of interior design or, unless all interior design
services provided by the person are rendered or supervised by a
person registered under this chapter, represent:
(A) that the person is an "interior designer" by
using that title or the term "Registered Interior Designer"; or
(B) [(2) represent,] by using the term "interior
design," a service the person offers or performs.
SECTION 5. Section 1053.152(b), Occupations Code, is
amended to read as follows:
(b) To be eligible for a certificate of registration, an
applicant must:
(1) meet the qualifications established by the board
under Subsection (a);
(2) pass the [registration] examination of the
National Council for Interior Design Qualification or of a similar
national organization recognized by the board; [and]
(3) pay the required fees;
(4) hold a professional degree in interior design
conferred by a design program accredited by the Foundation for
Interior Design Education Research or by a substantially equivalent
program, as determined by the board; and
(5) have completed the Interior Design Experience
Program administered by the National Council for Interior Design
Qualification or have two years of diversified experience as
determined by the board.
SECTION 6. Section 1053.154(b), Occupations Code, is
amended to read as follows:
(b) The examination must cover subjects established by and
must be graded according to board rules. The board by rule shall
[may] adopt the examination of the National Council for Interior
Design Qualification or of a similar national organization
recognized by the board [comparable examination].
SECTION 7. Subchapter D, Chapter 1053, Occupations Code, is
amended by adding Section 1053.161 to read as follows:
Sec. 1053.161. WAIVER OF REGISTRATION REQUIREMENTS FOR
CERTAIN OUT-OF-STATE APPLICANTS. The board may waive any
registration requirement for an applicant who:
(1) is licensed or registered to practice interior
design by another state that has licensing or registration
requirements at least as stringent as the requirements of this
state;
(2) is in good standing with the state that issued the
license or registration;
(3) submits an application and pays an administrative
fee to the board; and
(4) holds a current certificate issued by the National
Council for Interior Design Qualification or holds a similar
credential recognized by the board.
SECTION 8. Chapter 1053, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PRACTICE BY INTERIOR DESIGNER
Sec. 1053.201. RESPONSIBILITY AND SUPERVISION BY INTERIOR
DESIGNER. (a) Each interior design office must have an interior
designer who is responsible for interior design work performed at
that location.
(b) The responsible interior designer under Subsection (a)
shall supervise each nonregistered person working in the interior
design office in the practice of interior design. The interior
designer is responsible for supervising the work and
decision-making process in the office, including review and
enforcement of, and ensuring compliance with, all design criteria
and life safety requirements. The supervision is not required to be
continuous and uninterrupted.
Sec. 1053.202. DUTIES TO CLIENT. Before entering into a
contract with a client, an interior designer must clearly determine
the scope and nature of the project and the method of compensation.
Sec. 1053.203. COMPLIANCE WITH CERTAIN REQUIREMENTS. Each
interior designer shall practice in compliance with all applicable
building codes, fire codes, local regulations, and other safety
requirements adopted by the board or another regulatory entity
implemented to prohibit practice by persons who:
(1) fail to practice within the bounds of minimum
competency requirements; or
(2) otherwise present a danger to the public.
SECTION 9. Section 1053.351, Occupations Code, is amended
to read as follows:
Sec. 1053.351. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates [Section 1053.151 or a
standard of conduct adopted under] this chapter or a rule adopted
under this chapter.
(b) An offense under this section is a [Class C] misdemeanor
punishable by a fine of not less than $250 or more than $5,000. Each
day of violation constitutes a separate offense.
SECTION 10. Section 1053.158, Occupations Code, is
repealed.
SECTION 11. The Texas Board of Architectural Examiners
shall issue a certificate of registration as an interior designer
to a person who applies for registration as an interior designer
with the board and pays the required fees before the second
anniversary of the effective date of this Act if the person presents
evidence satisfactory to the board that the person has passed the
examination of the National Council for Interior Design
Qualification or a similar national organization recognized by the
board.
SECTION 12. (a) The changes in law made by this Act to
Section 1051.101(a), Occupations Code, regarding the composition
of the Texas Board of Architectural Examiners do not affect the
entitlement of a member serving on the board immediately before the
effective date of this Act to continue to function and serve as a
member of the board for the remainder of the member's term.
(b) To comply with Section 1051.101(a), Occupations Code,
as amended by this Act, the governor shall appoint one interior
design member registered under Chapter 1053, Occupations Code, to
fill one of the two architect members' terms that expires January
31, 2009. If a vacancy in one of those members' terms occurs before
that date, the governor shall appoint an interior design member
registered under Chapter 1053, Occupations Code, to fill the
unexpired term.
SECTION 13. (a) The change in law made by this Act to
Section 1053.351, Occupations Code, applies only to the punishment
for an offense committed on or after the effective date of this Act.
For purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 14. The Texas Board of Architectural Examiners
shall adopt rules as required by Chapter 1053, Occupations Code, as
amended by this Act, not later than February 1, 2006.
SECTION 15. This Act applies only to an application for an
initial or renewal interior designer certificate of registration
that is filed with the Texas Board of Architectural Examiners on or
after March 1, 2006. An application filed before March 1, 2006, is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 16. This Act takes effect September 1, 2005.