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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Board of |
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Architectural Examiners; changing certain fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1051.003, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.003. APPLICATION OF SUNSET ACT. The Texas Board |
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of Architectural Examiners is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the board is abolished and this subtitle expires |
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September 1, 2025 [2013]. |
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SECTION 2. Subchapter F, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.3041 to read as follows: |
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Sec. 1051.3041. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR REGISTRATION. (a) The board shall require that an |
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applicant for a certificate of registration submit a complete and |
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legible set of fingerprints, on a form prescribed by the board, to |
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the board or to the Department of Public Safety for the purpose of |
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obtaining criminal history record information from the Department |
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of Public Safety and the Federal Bureau of Investigation. |
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(b) The board may not issue a certificate of registration to |
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a person who does not comply with the requirement of Subsection (a). |
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(c) The board shall conduct a criminal history check of each |
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applicant for a certificate of registration using information: |
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(1) provided by the individual under this section; and |
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(2) made available to the board by the Department of |
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Public Safety, the Federal Bureau of Investigation, and any other |
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criminal justice agency under Chapter 411, Government Code. |
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(d) The board may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer a criminal history check required under |
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this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the Department of |
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Public Safety in conducting the criminal history check. |
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SECTION 3. Section 1051.351, Occupations Code, is amended |
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by adding Subsection (c-1) to read as follows: |
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(c-1) Notwithstanding Subsection (a), a person who holds a |
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certificate of registration issued under Chapter 1053 without |
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examination may not renew the certificate on or after September 1, |
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2016, unless, before September 1, 2016, the person has passed the |
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registration examination adopted by the board under Section |
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1053.154 and in effect on September 1, 2013. This subsection |
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expires January 1, 2018. |
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SECTION 4. Sections 1051.353(b), (c), and (e), Occupations |
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Code, are amended to read as follows: |
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(b) A person whose certificate of registration has been |
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expired for 90 days or less may renew the certificate by paying to |
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the board a renewal fee that is equal to 1-1/2 times the [normally] |
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required renewal fee set by the board under Section 1051.651(b). |
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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 may renew the |
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certificate by paying to the board a renewal fee equal to two times |
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the [normally] required renewal fee set by the board under Section |
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1051.651(b). |
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(e) A person who was registered in this state, moved to |
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another state, and is currently licensed or registered and has been |
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in practice in the other state for the two years preceding the date |
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of the application may obtain a new certificate of registration |
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without reexamination. The person must pay to the board a fee that |
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is equal to two times the [normally] required renewal fee set by the |
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board under Section 1051.651(b) for the certificate of |
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registration. |
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SECTION 5. Subchapter G, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.3531 to read as follows: |
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Sec. 1051.3531. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR RENEWAL. (a) An applicant renewing a certificate |
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of registration shall submit a complete and legible set of |
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fingerprints for purposes of performing a criminal history check of |
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the applicant as provided by Section 1051.3041. |
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(b) The board may not renew the certificate of registration |
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of a person who does not comply with the requirement of Subsection |
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(a). |
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(c) A holder of a certificate of registration is not |
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required to submit fingerprints under this section for the renewal |
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of the certificate of registration if the holder has previously |
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submitted fingerprints under: |
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(1) Section 1051.3041 for the initial issuance of the |
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certificate of registration; or |
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(2) this section as part of a prior renewal of a |
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certificate of registration. |
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SECTION 6. Section 1051.452(a), Occupations Code, is |
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amended to read as follows: |
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(a) The amount of an administrative penalty may not exceed |
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$5,000 for each violation. Each day a violation continues or occurs |
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is a separate violation for purposes of imposing a penalty. |
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SECTION 7. Section 1051.652(a), Occupations Code, is |
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amended to read as follows: |
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(a) The fee for the issuance of a certificate of |
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registration under this chapter [to an applicant possessing a
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license or certificate to practice architecture in another state] |
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and the fee for the renewal of a certificate of registration under |
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this chapter are increased by $200. |
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SECTION 8. Section 1053.158, Occupations Code, is repealed. |
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SECTION 9. (a) Not later than December 1, 2013, the Texas |
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Board of Architectural Examiners shall adopt rules necessary to |
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implement the changes in law made by this Act to Chapter 1051, |
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Occupations Code. |
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(b) Sections 1051.3041 and 1051.3531, Occupations Code, as |
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added by this Act, and Sections 1051.353 and 1051.652, Occupations |
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Code, as amended by this Act, apply only to an application for a |
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certificate of registration or renewal of a certificate of |
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registration filed with the Texas Board of Architectural Examiners |
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on or after January 1, 2014. An application filed before that date |
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is governed by the law in effect at the time the application was |
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filed, and the former law is continued in effect for that purpose. |
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(c) Section 1051.452(a), Occupations Code, as amended by |
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this Act, applies only to a violation of Subtitle B, Title 6, |
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Occupations Code, committed on or after the effective date of this |
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Act. A violation committed before that date is governed by the law |
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in effect at the time the violation was committed, and the former |
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law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2013. |