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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of architecture and engineering. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1001.003, Occupations Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The practice of engineering does not include the |
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practice of architecture defined by Sections 1051.001(7)(A), (B), |
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and (C) as that definition existed on April 1, 2011, except for the |
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preparation of plans and specifications that an engineer is |
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authorized to prepare under the rules of the Texas Board of |
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Architectural Examiners in effect on April 1, 2011. |
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SECTION 2. Subchapter J, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.4524 to read as follows: |
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Sec. 1001.4524. PROHIBITED PRACTICES. Except for the |
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actions described by Sections 1051.001(7)(D) through (H) and the |
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preparation of plans and specifications that an engineer is |
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authorized to prepare under the rules of the Texas Board of |
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Architectural Examiners in effect on April 1, 2011, an engineer may |
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not perform, offer to perform, or attempt to perform an |
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architectural service, design, or analysis in connection with a |
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building for human use or occupancy unless: |
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(1) the building is described by Section |
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1051.606(a)(4); or |
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(2) the engineer is authorized to practice |
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architecture by the Texas Board of Architectural Examiners. |
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SECTION 3. Subchapter F, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.308 to read as follows: |
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Sec. 1051.308. INTERN DEVELOPMENT PROGRAM. The board shall |
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allow an engineer enrolled in an accredited architectural |
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professional degree program in this state to enroll concurrently in |
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the intern development program required by board rules before an |
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applicant may take the examination under this chapter. |
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SECTION 4. Subchapter L, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.607 to read as follows: |
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Sec. 1051.607. LIST OF ENGINEERS PERMITTED TO ENGAGE IN |
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PRACTICE OF ARCHITECTURE. (a) The board shall maintain a list of |
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engineers licensed under Chapter 1001 who are authorized to engage |
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in the practice of architecture based on an administrative finding |
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of experience under this section. The board shall post the list on |
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the board's Internet website. |
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(b) An engineer may not engage or offer to engage in the |
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practice of architecture unless: |
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(1) the engineer is listed under Subsection (a); and |
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(2) the engineer is in good standing with the Texas |
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Board of Professional Engineers. |
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(c) The board shall list each engineer who: |
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(1) applies for placement on the list not later than |
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September 1, 2012; |
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(2) was licensed to practice engineering under Chapter |
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1001 before January 1, 2011; and |
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(3) provides to the board documentation of at least |
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three projects described by Section 1051.703(a)(2) that were: |
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(A) prepared by the engineer; and |
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(B) adequately and safely built before January 1, |
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2011. |
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(d) Documentation that is sufficient to satisfy the |
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requirement of Subsection (c)(3) includes plans, specifications, |
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photographs, and other records establishing that the architectural |
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design work was performed by the engineer. The documentation is |
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subject to verification by the board. |
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(e) The board shall issue written confirmation to each |
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engineer listed under this section that, notwithstanding the |
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requirements of Section 1051.701, the engineer may lawfully engage |
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and offer to engage in the practice of architecture without a |
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license under this chapter. |
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(f) If the board declines to list an engineer who applies |
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under this section, the engineer may appeal the decision to an |
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arbitration panel composed of: |
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(1) two architects selected by the board; |
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(2) two engineers selected by the Texas Board of |
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Professional Engineers; and |
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(3) an attorney licensed in this state with |
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substantial experience in construction law, selected by the |
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arbitrators selected in Subdivisions (1) and (2). |
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(g) A judge of a district court in Travis County selected by |
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the two boards under Subsection (f) shall select the arbitrator |
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described by Subsection (f)(3) if the arbitrators selected under |
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Subsections (f)(1) and (2) do not select the arbitrator described |
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by Subsection (f)(3) before the 11th day after the date the last |
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arbitrator is selected under Subsections (f)(1) and (2). |
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(h) The board and the Texas Board of Professional Engineers |
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shall pay equally the costs of the arbitration. |
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(i) The decision of a majority of the arbitrators is binding |
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on the engineer requesting arbitration. |
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(j) The Texas Board of Professional Engineers has exclusive |
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regulatory oversight over an engineer listed under Subsection (a). |
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SECTION 5. Section 1051.703(b), Occupations Code, is |
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amended to read as follows: |
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(b) This section does not prohibit an owner of a building |
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from contracting with [choosing] an architect or engineer as the |
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prime design professional for a building construction, alteration, |
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or addition project. Designation as the prime design professional |
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does not expand the scope of practice of an architect or engineer |
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beyond the scope of practice that the architect or engineer is |
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authorized to practice under Chapter 1001 or 1051. |
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SECTION 6. Sections 1001.216 and 1051.212, Occupations |
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Code, are repealed. |
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SECTION 7. This Act takes effect September 1, 2011. |