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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing the regulation of the practice of interior |
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design. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 1051, Occupations Code, |
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is amended to read as follows: |
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CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL |
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PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND
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INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS |
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SECTION 2. Sections 1051.101(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The Texas Board of Architectural Examiners consists of |
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seven [nine] members appointed by the governor with the advice and |
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consent of the senate as follows: |
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(1) four architect members registered under this |
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chapter; |
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(2) [one interior designer member registered under
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Chapter 1053;
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[(3)] one landscape architect member registered under |
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Chapter 1052; and |
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(3) two [(4) three] members who represent the public, |
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at least one of whom is a person with a physical disability. |
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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 |
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landscape architecture; or |
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(2) a full-time member of the faculty or |
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administration of the architecture[, interior design,] or |
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landscape architecture department of a school or college whose |
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position is the primary employment of the board member. |
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SECTION 3. Section 1051.102, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is |
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not eligible for appointment as a public member of the board if the |
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person or the person's spouse: |
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(1) is registered, certified, or licensed by an |
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occupational regulatory agency in the field of architecture[,
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interior design,] or landscape architecture; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by the board or |
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receiving funds from the board; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by the board or receiving funds from the |
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board; or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or funds from the board, other than compensation |
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or reimbursement authorized by law for board membership, |
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attendance, or expenses. |
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SECTION 4. Section 1051.103(b), Occupations Code, is |
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amended to read as follows: |
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(b) A person may not be a member of the board and may not be a |
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board employee employed in a "bona fide executive, administrative, |
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or professional capacity," as that phrase is used for purposes of |
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establishing an exemption to the overtime provisions of the federal |
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Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), |
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and its subsequent amendments, if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of |
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architecture[, interior design,] or landscape architecture; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of |
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architecture[, interior design,] or landscape architecture. |
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SECTION 5. Section 1051.104(a), Occupations Code, is |
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amended to read as follows: |
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(a) Board members serve staggered six-year terms. The terms |
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of two or three members expire on January 31 of each odd-numbered |
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year. |
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SECTION 6. Section 1051.201, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The |
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powers granted and duties delegated to the board under this chapter |
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are in addition to the powers granted and duties delegated to the |
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board under Chapter [Chapters] 1052 [and 1053]. |
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SECTION 7. Section 1051.202, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board |
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shall adopt reasonable rules and bylaws and prescribe forms as |
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necessary to administer or enforce this subtitle, including rules |
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regulating the practices of architecture and [,] landscape |
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architecture[, and interior design]. |
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SECTION 8. The heading to Article 2, Chapter 1051, |
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Occupations Code, is amended to read as follows: |
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ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,] |
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LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS] |
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SECTION 9. Section 1051.306, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.306. FIRM REGISTRATION. The board by rule may |
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require a firm, partnership, corporation, or association that |
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engages in the practice of architecture or [,] landscape |
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architecture[, or interior design] to register with the board under |
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this subtitle. |
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SECTION 10. Section 1051.354, Occupations Code, is amended |
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to read as follows: |
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Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A |
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person required to register under this subtitle who is on active |
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duty as a member of the United States military is exempt from the |
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payment of any fee during the person's term of service if the |
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person: |
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(1) is in good standing as an architect or [,] |
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landscape architect [, or interior designer] in this state; or |
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(2) was in good standing as an architect or [,] |
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landscape architect [, or interior designer] in this state at the |
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time the person entered into military service. |
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(b) A person who is exempt from payment of a fee under |
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Subsection (a): |
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(1) is exempt for the remainder of the fiscal year |
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during which the person's active duty status expires; and |
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(2) is entitled to have the person's name continued on |
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the list of architects or [,] landscape architects [, or interior
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designers]. |
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SECTION 11. Section 1051.355(e), Occupations Code, is |
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amended to read as follows: |
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(e) The additional amount of the renewal fee described by |
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Subsection (b)(2) does not apply to a person registered under |
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Chapter 1052 [or 1053]. |
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SECTION 12. 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 architect |
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or [,] a landscape architect [, or an interior designer] is subject |
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to Chapter 2001, Government Code. |
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SECTION 13. Section 1051.504(a), Occupations Code, is |
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amended to read as follows: |
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(a) If it appears to the board that a person who is not |
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registered under this subtitle is violating or has violated this |
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subtitle, a rule adopted under this subtitle, or another state |
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statute or rule relating to the practice of architecture or [,] |
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landscape architecture [, or interior design], the board after |
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providing to the person notice and the opportunity for a hearing may |
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issue a cease and desist order prohibiting the conduct described in |
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the notice. |
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SECTION 14. The heading to Section 16.008, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 16.008. ARCHITECTS, ENGINEERS, [INTERIOR DESIGNERS,] |
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AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR |
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INSPECTION OF CONSTRUCTION OF IMPROVEMENTS. |
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SECTION 15. Sections 16.008(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) A person must bring suit for damages for a claim listed |
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in Subsection (b) against a registered or licensed architect, |
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engineer, [interior designer,] or landscape architect in this |
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state, who designs, plans, or inspects the construction of an |
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improvement to real property or equipment attached to real |
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property, not later than 10 years after the substantial completion |
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of the improvement or the beginning of operation of the equipment in |
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an action arising out of a defective or unsafe condition of the real |
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property, the improvement, or the equipment. |
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(c) If the claimant presents a written claim for damages, |
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contribution, or indemnity to the architect, engineer, [interior
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designer,] or landscape architect within the 10-year limitations |
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period, the period is extended for two years from the day the claim |
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is presented. |
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SECTION 16. Section 469.102(a), Government Code, is amended |
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to read as follows: |
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(a) The architect, [interior designer,] landscape |
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architect, or engineer who has overall responsibility for the |
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design of a constructed or reconstructed building or facility shall |
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submit the plans and specifications required under Section 469.101. |
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SECTION 17. Section 469.104, Government Code, is amended to |
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read as follows: |
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Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS. |
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The commission shall report to the Texas Board of Architectural |
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Examiners, the Texas Board of Professional Engineers, or another |
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appropriate licensing authority the failure of any architect, |
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[interior designer,] landscape architect, or engineer to submit or |
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resubmit in a timely manner plans and specifications to the |
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department as required by this subchapter. |
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SECTION 18. Section 1001.063, Occupations Code, is amended |
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to read as follows: |
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Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[,
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AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this |
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chapter does not prevent or otherwise restrict a person licensed as |
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an architect under Chapter 1051 or [,] a landscape architect under |
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Chapter 1052[, or an interior designer under Chapter 1053] from |
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performing an act, service, or work that is within the definition of |
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the person's practice under those chapters. |
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SECTION 19. The following laws are repealed: |
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(1) Section 469.002(7), Government Code; |
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(2) Sections 1051.001(3) and (4), Occupations Code; |
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(3) Section 1051.604, Occupations Code; and |
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(4) Chapter 1053, Occupations Code. |
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SECTION 20. (a) The repeal by this Act of Chapter 1053, |
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Occupations Code, does not affect the validity of a proceeding |
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pending before a court or other governmental entity on the |
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effective date of this Act. |
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(b) An offense under or other violation of Chapter 1053, |
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Occupations Code, committed before the effective date of this Act |
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is governed by the law in effect when the offense or violation was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense or violation |
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was committed before the effective date of this Act if any element |
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of the offense or violation occurred before that date. |
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(c) On the effective date of this Act: |
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(1) the term of the interior designer member of the |
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Texas Board of Architectural Examiners expires; and |
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(2) the governor shall designate one public member of |
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the Texas Board of Architectural Examiners whose term shall expire. |
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SECTION 21. This Act takes effect September 1, 2013. |