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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. Sections 1051.353(c) and (d), Occupations Code, |
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are amended to 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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(d) A person whose certificate of registration has been |
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expired for two 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. 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 7. 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 8. Section 1052.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1052.151. REGISTRATION REQUIRED; EXCEPTIONS. (a) A |
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person may not engage in the practice of landscape architecture |
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unless the person: |
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(1) holds a certificate of registration under this |
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chapter; or |
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(2) is authorized under Section 1052.003 to engage in |
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the practice of landscape architecture without holding a |
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certificate of registration. |
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(b) Except as provided by Subsections (c) and (d), a [A] |
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person may not represent the person to be a landscape architect or |
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use the term "landscape architect," "landscape architectural," or |
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"landscape architecture" or any similar term to describe the |
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person's services unless the person holds a certificate of |
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registration [or is exempt from registration] under this chapter. |
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(c) A business entity may engage in the practice of |
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landscape architecture without holding a certificate of |
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registration under this chapter if: |
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(1) the entity is authorized under Section 1052.003 to |
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engage in the practice of landscape architecture without holding a |
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certificate of registration; or |
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(2) any landscape architecture performed on behalf of |
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the entity is performed by or under the supervision and control of a |
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person who: |
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(A) holds a certificate of registration under |
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this chapter; and |
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(B) is a regular, full-time employee of the |
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entity. |
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(d) A business entity may use the term "landscape |
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architect," "landscape architectural," or "landscape architecture" |
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or any similar term to describe the entity or the services provided |
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by the entity without holding a certificate of registration under |
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this chapter if any practice of landscape architecture performed on |
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behalf of the entity is performed by or under the supervision and |
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control of a person who: |
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(1) holds a certificate of registration under this |
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chapter; and |
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(2) is a regular, full-time employee of the entity. |
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SECTION 9. 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 10. 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 engage in the practice of landscape |
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architecture 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 change a landscape architect's |
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certificate of registration from emeritus status to active status |
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if the landscape architect: |
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(1) requests in writing that the board change the |
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landscape architect's certificate of registration from emeritus |
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status to active 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 11. 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 change an interior designer's |
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certificate of registration from emeritus status to active status |
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if the interior designer: |
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(1) requests in writing that the board change the |
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interior designer's certificate of registration from emeritus |
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status to active 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 12. Sections 1051.157 and 1051.213, Occupations |
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Code, are repealed. |
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SECTION 13. 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 14. 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 15. This Act takes effect September 1, 2007. |
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