BILL ANALYSIS
By: Geren
Licensing & Administrative Procedures
BACKGROUND AND PURPOSE
The Legislature created the Texas Board of Architectural Examiners (Board) in 1937 to regulate architects, and added to the Board’s duties the regulation of landscape architects and interior designers in 1979 and 1991, respectively. The Board’s three key functions are licensing qualified applicants, ensuring compliance with Board rules and statutes, and providing information to licensees and the public. The Board underwent Sunset review in 2003.
HB 2060 contains statutory modifications to assist the Board in carrying out their duties.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Board of Architectural Examiners in SECTIONS 11, 12, 13, and 15 of this bill.
ANALYSIS
HB 2060 corrects a cross-reference to reflect a renumbering of a statute; clarifies the restriction of faculty serving on the Board to provide that more than one Board member may be an adjunct professor or may teach a subject other than one of the professions regulated by the Board; repeals the restriction upon the number of board members on the governing body of a college or university; requires the Board to meet annually to elect an assistant presiding officer, instead of each January.
HB 2060 authorizes the Board to renew a license that has been expired more than 90 days, but less than two years by charging twice the normal renewal fee; authorizes the Board to renew a license that has been expired for more than two years, but less than five years for three times the normal renewal fee. Prohibits the renewal of a certificate of registration that has been expired for 5 years, instead of one year, or more.
HB 2060 clarifies the preexisting statute to expressly permit an emeritus architect to engage in practices to the extent that an unregistered person is authorized.
HB 2060 adds a new section concerning responding to inquiries of the board and provides that failure to respond to a board inquiry may result in disciplinary action or administrative penalty.
HB 2060 adds landscape architect and interior design as professions subject to Chapter 2001 of the Government Code.
HB 2060 provides for uniform treatment of the Board’s three regulated professions regarding procedures to follow after a hearing.
HB 2060 would re-establish the trust fund and give the board discretion to set the amount of the scholarships, but not to exceed the cost of examination.
HB 2060 clarifies that unregistered persons may not use the title “landscape architect” or related terms.
HB 2060 authorizes the Board to determine scope of the examination and methods.
HB 2060 requires the Board to establish a procedure to create an emeritus program for landscape architects and interior designers.
HB 2060 repeals Sections 1051.157 and 1051.213, Occupations Code, and requires the Board to adopt the rules necessary to implement the changes in law made by this Act no later than December 1, 2007.
HB 2060 applies to a board member appointed to the Board or a certificate of registration renewal on or after September 1, 2007.
EFFECTIVE DATE
September 1, 2007.