|
|
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. 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 2. 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; |
|
(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 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 licensed or |
|
registered in this state to engage in a practice or occupation from |
|
engaging in that practice or occupation. |
|
SECTION 3. 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; 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 any form of that title or of the term "Registered Interior |
|
Designer"; or |
|
(B) [(2)represent,] by using the term "interior |
|
design," a service the person offers or performs. |
|
SECTION 4. 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 5. 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 6. 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 7. 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 8. 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 9. Section 1053.158, Occupations Code, is repealed. |
|
SECTION 10. 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 11. (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 12. 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 13. This Act, except for Section 1 of 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. |
|
SECTION 14. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2007. |
|
(b) Section 1051.3515, Occupations Code, as added by this |
|
Act, takes effect September 1, 2011. |