This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSSB 924 by adding the appropriately numbered sections
to read as follows and renumber the subsequent sections
appropriately:
SECTION ____. Section 1051.001, Occupations Code, is amended
by adding Subdivision (1-a) to read as follows:
(1-a) "Architectural interior construction" means a
building project that involves only the inside elements of a
building and that requires the practice of architecture in order to
be completed.
SECTION ____. Subchapter G, Chapter 1051, Occupations Code,
is amended by adding Section 1051.315 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) 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 and:
(A) pass section one of that examination or pass a
comparable section of an examination of a similar national
organization recognized by the board; or
(B) demonstrate 20 years of board-approved
interior design experience; or
(2) have passed the examination required for
registration as an architect.
SECTION ____. Section 1053.002, Occupations Code, is amended
by amending Subsection (a) and adding Subsections (c) and (d) to
read as follows:
(a) Except as provided by Subsection (d), this [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) a person who is registered to practice architecture
in this state,or
(3) an individual who is a member of a state or national
organization whose members are building designers and that requires
its members to complete at least eight hours of continuing
education each year on topics relating to building design, code
compliance, and building materials in order to maintain
certification as a professional building designer.
(c) Except as provided by Subsection (d), this chapter does
not:
(1) prohibit an employee of a retail establishment from
providing consultations regarding interior decoration or
furnishings for a single-family or dual-family dwelling:
(A) on the premises of the retail establishment;
(B) in furtherance of a retail sale or prospective
retail sale;
(2) restrict the activities of a person who provides
decorative services or assistance in the selection of surface
materials, window coverings, wall covering, paint, floor
coverings, surface-mounted fixtures, or loose furnishings not
subject to regulation under the fire code governing the location
where the items will be used, provided that the person does not
represent that the person is an interior designer; or
(3) prevent or restrict a person from engaging in a
practice or occupation for which the person is licensed or
registered in this state to engage by:
(A) the Texas Board of Architectural Examiners;
(B) the Texas Department of Licensing and
Regulation;
(C) the Texas Board of Professional Engineers;
(D) the Texas State Board of Plumbing Examiners;
or
(E) the Texas Residential Construction
Commission.
(d) A person may not represent that the person is an interior
designer by using any form of the title "interior designer" unless
the person is registered under this chapter or Chapter 1051.
SECTION ____. 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 for direct
or indirect compensation or offer or attempt to engage in the
practice of interior design for direct or indirect compensation
[represent that the person is an "interior designer" by using that
title]; or
(2) represent that the person is engaged in the practice
of interior design, unless all interior design services provided by
the person are rendered or supervised by a person registered under
this chapter or Chapter 1051 [, by using the term "interior design,"
a service the person offers or performs].
SECTION ____. 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 Council for
Interior Design Accreditation or by a substantially equivalent
accreditation 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 a substantially equivalent program as determined
by the board.
SECTION ____. 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 the examination of a similar national
organization recognized by the board [comparable examination].
SECTION ____. 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 ____. Chapter 1053, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PRACTICE BY INTERIOR DESIGNER
Sec. 1053.201. RESPONSIBILITY OF 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 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 ____. 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.
SECTION ____. Section 1053.158, Occupations Code, is
repealed.
SECTION ____. 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 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 13. 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, 2008.
SECTION 14. This Act, except for Section 1051.3515,
Occupations Code, as added by 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, 2008. An application filed before
March 1, 2008, 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.