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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Board of Architectural Examiners; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1051.0015, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.0015. PURPOSE OF REGISTRATION REQUIREMENT. The |
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purpose of Section 1051.701(a) [1051.301(a)] is to: |
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(1) safeguard life, health, property, and the public |
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welfare; and |
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(2) protect the public against the irresponsible |
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practice of architecture. |
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SECTION 2. Section 1051.101(b), Occupations Code, is |
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amended to read as follows: |
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(b) Not more than one board member may be: |
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(1) a stockholder or owner of an interest in a school |
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or college that teaches architecture, interior design, or landscape |
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architecture; or |
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(2) a full-time [an officer or a] member of the faculty |
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or administration of the [governing board of a school or college
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that teaches] architecture, interior design, or landscape |
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architecture department of a school or college whose position is |
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the primary employment of the board member. |
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SECTION 3. Sections 1051.107(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) The [Each January, the] board annually shall elect from |
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its members an assistant presiding officer. |
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(c) The board shall appoint a secretary-treasurer of the |
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board to serve at the pleasure of the board. [The
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secretary-treasurer may be, but is not required to be, a member of
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the board.] |
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SECTION 4. Section 1051.353, Occupations Code, is amended |
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by amending Subsections (c) and (d) and adding Subsection (c-1) to |
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read as follows: |
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(c) A person whose certificate of registration has been |
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expired for more than 90 days but less than two years [one year] may |
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renew the certificate by paying to the board a renewal fee equal to |
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two times the normally required renewal fee. |
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(c-1) A person whose certificate of registration has been |
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expired for two years or more but less than five years may renew the |
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certificate by paying to the board a renewal fee equal to three |
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times the normally required renewal fee. |
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(d) A person whose certificate of registration has been |
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expired for five years [one year] or more may not renew the |
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certificate. The person may obtain a new certificate of |
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registration by complying with the requirements and procedures, |
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including the examination requirements, for obtaining an original |
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certificate. |
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SECTION 5. Sections 1051.357(a), (c), and (d), Occupations |
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Code, are amended to read as follows: |
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(a) The board by rule shall establish a procedure by which |
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an architect may place the architect's [person's] certificate of |
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registration on emeritus status. The architect [person] must apply |
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for emeritus status, on a form prescribed by the board, before the |
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architect's [person's] certificate of registration expires. |
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(c) An architect [A person] whose certificate of |
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registration is on emeritus status: |
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(1) may [not] engage in the practice of architecture |
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as defined by Sections 1051.001(7)(D), (E), (F), (G), and (H); |
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(2) may prepare [except for the preparation of] plans |
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and specifications described by Sections 1051.606(a)(3) and (4) |
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[Section 1051.056(a)(3) or (4)]; |
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(3) [(2)] may use the title "Emeritus Architect" or |
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"Architect Emeritus"; |
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(4) [(3)] must pay a renewal fee on a date and in a |
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manner prescribed by board rule; and |
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(5) [(4)] is exempt from continuing education |
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requirements under this chapter. |
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(d) The board shall change an architect's [remove a
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person's] certificate of registration from emeritus status to |
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active status if the architect [person]: |
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(1) requests in writing that the board remove the |
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architect's [person's] certificate of registration from emeritus |
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status; |
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(2) pays an administrative fee; and |
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(3) complies with education or other requirements |
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established by board rule. |
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SECTION 6. Subchapter H, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.404 to read as follows: |
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Sec. 1051.404. FAILURE TO RESPOND TO AN INQUIRY OF THE |
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BOARD. A person shall answer an inquiry of the board concerning any |
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matter under the jurisdiction of the board not later than the 30th |
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day after the day the person receives notice of the inquiry. This |
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section applies to any person who receives an inquiry, including a |
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person who holds a certificate of registration issued under this |
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subtitle. A person who fails to respond to an inquiry of the board |
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concerning a matter under the jurisdiction of the board is subject |
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to the imposition of an administrative penalty under Subchapter I. |
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SECTION 7. Section 1051.455(b), Occupations Code, is |
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amended to read as follows: |
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(b) A proceeding under this section relating to an |
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architect, a landscape architect, or an interior designer is |
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subject to Chapter 2001, Government Code. |
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SECTION 8. Section 1051.457(a), Occupations Code, is |
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amended to read as follows: |
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(a) If the person on whom an administrative penalty is |
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imposed holds a certificate of registration issued by the board [is
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an architect], the board's order becomes final as provided by |
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Section 2001.144, Government Code. If the person does not hold a |
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certificate of registration issued by the board, the board's order |
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becomes final on the 20th day after the date the order is issued. |
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SECTION 9. Section 1051.653, Occupations Code, is amended |
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by amending Subsections (c) and (d) and adding Subsections (e) and |
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(f) to read as follows: |
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(c) The board shall set the amount of the scholarship, which |
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may not exceed [is the lesser of:
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[(1)$500; or
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[(2)] the amount of the required examination fee. |
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(d) Scholarships under this section are funded by the |
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scholarship fund for architectural examination. The board shall |
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deposit the amount added to each renewal fee under Sections |
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1051.355(b)(2) and 1051.651(b)(1)(B) to the credit of the |
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scholarship fund. The scholarship fund for architectural |
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examination is a reserved fund held outside the state treasury in an |
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account in the Texas Treasury Safekeeping Trust Company. Money in |
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the scholarship fund may be used by the board only to: |
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(1) provide scholarships to applicants for |
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examination under this chapter; and |
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(2) pay the administrative costs, including the cost |
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of providing public notice about the scholarship, associated with |
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the examination fee scholarship program [Section 1051.651(b)]. |
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(e) Interest earned on the scholarship fund for |
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architectural examination applicants shall be credited to the fund. |
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At the end of each state fiscal year, any unexpended balance in the |
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scholarship fund shall remain in the fund. The board may not |
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annually use more than 15 percent of the balance in the scholarship |
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fund [amount appropriated to the board for scholarships under this
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section] to pay the costs of administering the scholarships. |
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(f) The board may contract with the Texas Higher Education |
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Coordinating Board or a private entity to administer the |
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examination fee scholarship program established under this |
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section. |
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SECTION 10. Section 1052.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1052.151. REGISTRATION REQUIRED. (a) For purposes of |
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this section: |
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(1) "Business" means a firm, partnership, |
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corporation, association, sole proprietorship, organization, |
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business trust, trust, estate, or any other legal entity. |
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(2) "Person" means a natural person. |
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(b) A person may not engage in the practice of landscape |
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architecture unless the person holds a certificate of registration |
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under this chapter. |
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(c) [(b)] A person may not represent the person to be a |
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landscape architect unless the person holds a certificate of |
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registration [or is exempt from registration] under this chapter. |
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(d) Except as provided by Section 1052.003, a business may |
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not engage in the practice of landscape architecture or use the term |
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"landscape architect," "landscape architectural," or "landscape |
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architecture," or any similar term to describe the business or the |
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services the business provides, unless any practice of landscape |
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architecture performed for the business is performed by or under |
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the supervision and control of a person registered as a landscape |
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architect under this chapter who is a regular full-time employee of |
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the business. |
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SECTION 11. Sections 1052.153(b) and (d), Occupations Code, |
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are amended to read as follows: |
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(b) The board shall prescribe the scope of the examination |
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and the methods of procedure with special reference to the |
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applicant's ability that will ensure the safety of the public |
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welfare and property rights. The board by rule may adopt the |
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examination of the Council of Landscape Architectural Registration |
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Boards or the examination of a nationally recognized testing |
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organization whose examination is determined by the board to be at |
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least as stringent as the council's examination. |
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(d) The board at least annually shall administer the |
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examination or enter into a contract with a nationally recognized |
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testing organization to administer the examination. The board, in |
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the manner provided by board rule, shall provide reasonable public |
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notice of the dates on and locations at which each portion of the |
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examination will be administered [at its office in Austin or at
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another location designated by the board]. |
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SECTION 12. Subchapter D, Chapter 1052, Occupations Code, |
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is amended by adding Section 1052.155 to read as follows: |
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Sec. 1052.155. EMERITUS STATUS; LANDSCAPE ARCHITECTS. (a) |
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The board by rule shall establish a procedure by which a landscape |
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architect may place the landscape architect's certificate of |
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registration on emeritus status. The landscape architect must |
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apply for emeritus status, on a form prescribed by the board, before |
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the landscape architect's certificate of registration expires. |
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(b) A landscape architect is eligible for emeritus status if |
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the landscape architect: |
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(1) has been a landscape architect for 20 years or |
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more; and |
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(2) is 65 years of age or older. |
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(c) A landscape architect whose certificate of registration |
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is on emeritus status: |
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(1) may not engage in the practice of landscape |
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architecture except to the extent that a person who does not hold a |
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certificate of registration as a landscape architect may under |
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Section 1052.003(a); |
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(2) may use the title "Emeritus Landscape Architect" |
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or "Landscape Architect Emeritus"; |
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(3) must pay a renewal fee on a date and in a manner |
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prescribed by board rule; and |
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(4) is exempt from continuing education requirements |
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under this chapter. |
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(d) The board shall remove a landscape architect's |
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certificate of registration from emeritus status if the landscape |
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architect: |
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(1) requests in writing that the board remove the |
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landscape architect's certificate of registration from emeritus |
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status; |
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(2) pays an administrative fee; and |
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(3) complies with education or other requirements |
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established by board rule. |
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(e) The renewal fee charged under Subsection (c) may not |
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exceed an amount reasonable and necessary to recover the costs to |
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administer this section. |
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SECTION 13. Subchapter D, Chapter 1053, Occupations Code, |
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is amended by adding Section 1053.156 to read as follows: |
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Sec. 1053.156. EMERITUS STATUS; INTERIOR DESIGNERS. (a) |
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The board by rule shall establish a procedure by which an interior |
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designer may place the interior designer's certificate of |
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registration on emeritus status. The interior designer must apply |
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for emeritus status, on a form prescribed by the board, before the |
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interior designer's certificate of registration expires. |
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(b) An interior designer is eligible for emeritus status if |
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the interior designer: |
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(1) has been an interior designer for 20 years or more; |
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and |
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(2) is 65 years of age or older. |
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(c) An interior designer whose certificate of registration |
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is on emeritus status: |
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(1) may use the title "Emeritus Interior Designer" or |
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"Interior Designer Emeritus"; |
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(2) must pay a renewal fee on a date and in a manner |
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prescribed by board rule; and |
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(3) is exempt from continuing education requirements |
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under this chapter. |
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(d) The board shall remove an interior designer's |
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certificate of registration from emeritus status if the interior |
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designer: |
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(1) requests in writing that the board remove the |
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interior designer's certificate of registration from emeritus |
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status; |
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(2) pays an administrative fee; and |
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(3) complies with education or other requirements |
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established by board rule. |
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(e) The renewal fee charged under Subsection (c) may not |
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exceed an amount reasonable and necessary to recover the costs to |
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administer this section. |
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SECTION 14. Sections 1051.157 and 1051.213, Occupations |
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Code, are repealed. |
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SECTION 15. Not later than December 1, 2007, the Texas Board |
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of Architectural Examiners shall adopt the rules necessary to |
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implement the changes in law made by this Act to Chapters 1051, |
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1052, and 1053, Occupations Code. |
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SECTION 16. The changes in law made by this Act to Chapters |
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1051, 1052, and 1053, Occupations Code, apply to a board member |
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appointed to the Texas Board of Architectural Examiners or a |
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certificate of registration renewed under that chapter on or after |
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the effective date of this Act. |
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SECTION 17. This Act takes effect September 1, 2007. |