This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R9410 YDB-F
By: Armbrister S.B. No. 1279
A BILL TO BE ENTITLED
AN ACT
relating to the registration and regulation of architects,
landscape architects, and interior designers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1051.0015, Occupations Code, is amended
to read as follows:
Sec. 1051.0015. PURPOSE OF REGISTRATION REQUIREMENT. The
purpose of Section 1051.701(a) [1051.301(a)] is to:
(1) safeguard life, health, property, and the public
welfare; and
(2) protect the public against the irresponsible
practice of architecture.
SECTION 2. Section 1051.101(b), Occupations Code, is
amended to read as follows:
(b) Not more than one board member may be:
(1) a stockholder or owner of an interest in a school
or college that teaches architecture, interior design, or landscape
architecture; or
(2) a full-time member of the faculty of the
architecture, interior design, or landscape architecture
department of a school or college whose faculty position is the
primary employment of the board member [an officer or a member of
the faculty or the governing board of a school or college that
teaches architecture, interior design, or landscape architecture].
SECTION 3. Section 1051.107(b), Occupations Code, is
amended to read as follows:
(b) The [Each January, the] board annually shall elect
from its members an assistant presiding officer.
SECTION 4. Section 1051.353, Occupations Code, is amended
by amending Subsections (c) and (d) and adding Subsection (c-1) to
read as follows:
(c) A person whose certificate of registration has been
expired for more than 90 days but less than two years [one year] may
renew the certificate by paying to the board a renewal fee equal to
two times the normally required renewal fee.
(c-1) A person whose certificate of registration has been
expired for two years or more but less than five years may renew the
certificate by paying the board a renewal fee equal to three times
the normally required renewal fee.
(d) A person whose certificate of registration has been
expired for five years [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.
SECTION 5. The heading to Section 1051.357, Occupations
Code, is amended to read as follows:
Sec. 1051.357. EMERITUS STATUS: ARCHITECTS.
SECTION 6. Sections 1051.357(a), (c), and (d), Occupations
Code, are amended to read as follows:
(a) The board by rule shall establish a procedure by which
an architect may place the architect's [person's] certificate of
registration on emeritus status. The architect [person] must apply
for emeritus status, on a form prescribed by the board, before the
architect's [person's] certificate of registration expires.
(c) An architect [A person] whose certificate of
registration is on emeritus status:
(1) may not engage in the practice of architecture
except for the preparation of plans and specifications described by
Section 1051.606(a)(3) [1051.056(a)(3)] or (4);
(2) may use the title "Emeritus Architect" or
"Architect Emeritus";
(3) must pay a renewal fee on a date and in a manner
prescribed by board rule; and
(4) is exempt from continuing education requirements
under this chapter.
(d) The board shall remove an architect's [a person's]
certificate of registration from emeritus status if the architect
[person]:
(1) requests in writing that the board remove the
architect's [person's] certificate of registration from emeritus
status;
(2) pays an administrative fee; and
(3) complies with education or other requirements
established by board rule.
SECTION 7. Section 1051.455(b), Occupations Code, is
amended to read as follows:
(b) A proceeding under this section relating to an
architect, a landscape architect, or an interior designer is
subject to Chapter 2001, Government Code.
SECTION 8. Section 1051.457(a), Occupations Code, is
amended to read as follows:
(a) If the person on whom an administrative penalty is
imposed holds a certificate of registration issued by the board [is
an architect], the board's order becomes final as provided by
Section 2001.144, Government Code. If the person does not hold a
certificate of registration issued by the board, the board's order
becomes final on the 20th day after the date the order is issued.
SECTION 9. Section 1051.653, Occupations Code, is amended
by amending Subsections (c) and (d) and adding Subsections (e) and
(f) to read as follows:
(c) The board shall set the amount of the scholarship, which
may not exceed [is the lesser of:
[(1) $500; or
[(2)] the amount of the required examination fee.
(d) Scholarships under this section are funded by the
scholarship fund for architectural examination. The board shall
deposit the amount added to each renewal fee under Sections
1051.355(b)(2) and 1051.651(b)(1)(B) to the credit of the
scholarship fund. The scholarship fund for architectural
examination is a reserve fund outside the state treasury in an
account in the Texas Treasury Safekeeping Trust Company. Money in
the scholarship fund may be used only by the board to:
(1) provide scholarships to applicants for an
examination under this chapter; and
(2) pay the administrative costs associated with the
examination fee [Section 1051.651(b)].
(e) Interest earned on the scholarship fund for
architectural examination applicants shall be credited to the fund.
At the end of each state fiscal year, any unexpended balance in the
scholarship fund shall remain in the fund. The board may not
annually use more than 15 percent of the amount in the scholarship
fund [appropriated to the board for scholarships under this
section] to pay the costs of administering the scholarships.
(f) The board may contract with the Texas Higher Education
Coordinating Board or a private entity to administer the
examination fee scholarship program established under this
section.
SECTION 10. Section 1052.151, Occupations Code, is amended
to read as follows:
Sec. 1052.151. REGISTRATION REQUIRED. (a) For purposes of
this section:
(1) "Business" means a firm, partnership,
corporation, association, sole proprietorship, organization,
business trust, trust, estate, or any other legal entity.
(2) "Person" means a natural person.
(b) Except as provided by Section 1052.003, a [A] person may
not:
(1) engage in the practice of landscape architecture
unless the person holds a certificate of registration under this
chapter; or[.]
(2) use the term "landscape architect," "landscape
architectural," or "landscape architecture" or any similar term to
[(b) A person may not] represent the person to be a landscape
architect or to describe the services the person provides unless
the person holds a certificate of registration [or is exempt from
registration] under this chapter.
(c) Except as provided by Section 1052.003, a business may
not engage in the practice of landscape architecture or use the term
"landscape architect," "landscape architectural," or "landscape
architecture" or any similar term to describe the business or the
services the business provides unless any practice of landscape
architecture performed on behalf of the business is performed by or
under the supervision and control of a person registered as a
landscape architect under this chapter who is a regular full-time
employee of the business.
SECTION 11. Sections 1052.153(b) and (d), Occupations Code,
are amended to read as follows:
(b) The board shall prescribe the scope of the examination
and the methods of procedure with special reference to the
applicant's ability that will ensure the safety of the public
welfare and property rights. The board by rule may adopt the
examination administered by the Council of Landscape Architectural
Registration Boards or the examination of a nationally recognized
testing organization whose examination is determined by the board
to be at least as stringent as the council's examination.
(d) The board at least annually shall administer the
examination or contract with a nationally recognized testing
organization to administer the examination. The board, in the
manner provided by board rule, shall provide reasonable public
notice of the dates on and locations at which each portion of the
examination will be administered [at its office in Austin or at
another location designated by the board].
SECTION 12. Subchapter D, Chapter 1052, Occupations Code,
is amended by adding Section 1052.155 to read as follows:
Sec. 1052.155. EMERITUS STATUS: LANDSCAPE ARCHITECTS. (a)
The board by rule shall establish a procedure by which a landscape
architect may place the landscape architect's certificate of
registration on emeritus status. The landscape architect must
apply for emeritus status, on a form prescribed by the board, before
the landscape architect's certificate of registration expires.
(b) A landscape architect is eligible for emeritus status if
the landscape architect:
(1) has been a landscape architect for 20 years or
more; and
(2) is 65 years of age or older.
(c) A landscape architect whose certificate of registration
is on emeritus status:
(1) may not engage in the practice of landscape
architecture except to the extent that a person who does not hold a
certificate of registration as a landscape architect may do so
under Section 1052.003(a);
(2) may use the title "Emeritus Landscape Architect"
or "Landscape Architect Emeritus";
(3) must pay a renewal fee on a date and in a manner
prescribed by board rule; and
(4) is exempt from continuing education requirements
under this chapter.
(d) The board shall remove a landscape architect's
certificate of registration from emeritus status if the landscape
architect:
(1) requests in writing that the board remove the
landscape architect's certificate of registration from emeritus
status;
(2) pays an administrative fee; and
(3) complies with education or other requirements
established by board rule.
(e) The renewal fee charged under Subsection (c) may not
exceed an amount reasonable and necessary to recover the costs to
administer this section.
SECTION 13. Subchapter D, Chapter 1053, Occupations Code,
is amended by adding Section 1053.156 to read as follows:
Sec. 1053.156. EMERITUS STATUS: INTERIOR DESIGNERS. (a) The
board by rule shall establish a procedure by which an interior
designer may place the interior designer's certificate of
registration on emeritus status. The interior designer must apply
for emeritus status, on a form prescribed by the board, before the
interior designer's certificate of registration expires.
(b) An interior designer is eligible for emeritus status if
the interior designer:
(1) has been an interior designer for 20 years or more;
and
(2) is 65 years of age or older.
(c) An interior designer whose certificate of registration
is on emeritus status:
(1) may use the title "Emeritus Interior Designer" or
"Interior Designer Emeritus";
(2) must pay a renewal fee on a date and in a manner
prescribed by board rule; and
(3) is exempt from continuing education requirements
under this chapter.
(d) The board shall remove an interior designer's
certificate of registration from emeritus status if the interior
designer:
(1) requests in writing that the board remove the
interior designer's certificate of registration from emeritus
status;
(2) pays an administrative fee; and
(3) complies with education or other requirements
established by board rule.
(e) The renewal fee charged under Subsection (c) may not
exceed an amount reasonable and necessary to recover the costs to
administer this section.
SECTION 14. Sections 1051.157 and 1051.213, Occupations
Code, are repealed.
SECTION 15. (a) As soon as practicable after the effective
date of this Act, the Texas Board of Architectural Examiners shall
adopt the rules required by Section 1052.153, Occupations Code, as
amended by this Act, and Sections 1052.155 and 1053.156,
Occupations Code, as added by this Act.
(b) The changes in law made by this Act apply only to a board
member appointed to serve on the Texas Board of Architectural
Examiners or a certificate of registration renewed or a renewal fee
collected under Chapter 1051, Occupations Code, as amended by this
Act, on or after the effective date of this Act.
SECTION 16. This Act takes effect September 1, 2005.