Law:Title 6. Regulation Of Engineering, Architecture, Land Surveying, And Related Practices. Subtitle B. Regulation Of Architecture And Related Practices (Texas)

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Subtitle B. Regulation Of Architecture And Related Practices

Contents

Chapter 1051. Texas Board Of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, And Interior Designers; Provisions Affecting Only Architects

ARTICLE 1. GENERAL PROVISIONS; BOARD OF ARCHITECTURAL EXAMINERS


Subchapter A. General Provisions

Section  1051.001.  Definitions.

In this subtitle:

(1)  "Architect" means a person registered under this chapter to engage in the practice of architecture.

(2)  "Board" means the Texas Board of Architectural Examiners.

(3)  "Interior design" means the:

(A)  identification, research, or development of a creative solution to a problem relating to the function or quality of an interior environment;

(B)  performance of a service relating to an interior space, including programming, design analysis, space planning of non-load-bearing interior construction, and application of aesthetic principles, by using specialized knowledge of interior construction, building codes, equipment, materials, or furnishings; or

(C)  preparation of an interior design plan, specification, or related document about the design of a non-load-bearing interior space.

(4)  "Interior designer" means a person registered under this subtitle to practice interior design.

(5)  "Landscape architect" means a person registered under this subtitle to practice landscape architecture.

(6)  "Landscape architecture":

(A)  means the art and science of landscape analysis, landscape planning, and landscape design;

(B)  includes the performance of professional services such as consultation, investigation, research, the preparation of general development and detailed site design plans, the preparation of studies, the preparation of specifications, and responsible supervision related to the development of landscape areas for:

(i)  the planning, preservation, enhancement, and arrangement of land forms, natural systems, features, and plantings, including ground and water forms;

(ii)  the planning and design of vegetation, circulation, walks, and other landscape features to fulfill aesthetic and functional requirements;

(iii)  the formulation of graphic and written criteria to govern the planning and design of landscape construction development programs, including:

(a)  the preparation, review, and analysis of master and site plans for landscape use and development;

(b)  the analysis of environmental and physical considerations related to land use;

(c)  the preparation of drawings, construction documents, and specifications; and

(d)  construction observation;

(iv)  design coordination and review of technical submissions, plans, and construction documents prepared by persons working under the direction of the landscape architect;

(v)  the preparation of feasibility studies, statements of probable construction costs, and reports and site selection for landscape development and preservation;

(vi)  the integration, site analysis, and determination of the location of buildings, structures, and circulation and environmental systems;

(vii)  the analysis and design of:

(a)  site landscape grading and drainage;

(b)  systems for landscape erosion and sediment control; and

(c)  pedestrian walkway systems;

(viii)  the planning and placement of uninhabitable landscape structures, plants, landscape lighting, and hard surface areas;

(ix)  the collaboration of landscape architects with other professionals in the design of roads, bridges, and structures regarding the functional, environmental, and aesthetic requirements of the areas in which they are to be placed; and

(x)  field observation of landscape site construction, revegetation, and maintenance; and

(C)  does not include:

(i)  traffic, roadway, or pavement engineering;

(ii)  the design of utilities;

(iii)  the engineering or study of hydrologic management of stormwater systems or floodplains;

(iv)  the making of final plats; or

(v)  a service or function within the practice of architecture, engineering, or public surveying as defined by this chapter or Chapter 1001 or 1071.

(7)  "Practice of architecture" means a service or creative work applying the art and science of developing design concepts, planning for functional relationships and intended uses, and establishing the form, appearance, aesthetics, and construction details for the construction, enlargement, or alteration of a building or environs intended for human use or occupancy, the proper application of which requires education, training, and experience in those matters.  The term includes:

(A)  establishing and documenting the form, aesthetics, materials, and construction technology for a building, group of buildings, or environs intended to be constructed or altered;

(B)  preparing, or supervising and controlling the preparation of, the architectural plans and specifications that include all integrated building systems and construction details, unless otherwise permitted under Section 1051.606(a)(4);

(C)  observing the construction, modification, or alteration of work to evaluate conformance with architectural plans and specifications described in Paragraph (B) for any building, group of buildings, or environs requiring an architect;

(D)  programming for construction projects, including identification of economic, legal, and natural constraints and determination of the scope and spatial relationship of functional elements;

(E)  recommending and overseeing appropriate construction project delivery systems;

(F)  consulting, investigating, and analyzing the design, form, aesthetics, materials, and construction technology used for the construction, enlargement, or alteration of a building or environs and providing expert opinion and testimony as necessary;

(G)  research to expand the knowledge base of the profession of architecture, including publishing or presenting findings in professional forums; and

(H)  teaching, administering, and developing pedagogical theory in academic settings offering architectural education.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 208, Sec. 1, eff. September 1, 2005.



Section 1051.0015.  Purpose Of Registration Requirement.

The purpose of Section 1051.701(a) is to:

(1)  safeguard life, health, property, and the public welfare;  and

(2)  protect the public against the irresponsible practice of architecture.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.051, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 1, eff. September 1, 2007.



Section  1051.002.  Effect On Municipality.

This subtitle does not:

(1)  preempt a municipal ordinance; or

(2)  restrict or expand the authority of a municipality.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, eff. Sept. 1, 2003.



Section  1051.003.  Application Of Sunset Act.

The Texas Board of Architectural Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2015.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.004 and amended by Acts 2003, 78th, ch. 331, Sec. 1.04, eff. Sept. 1, 2003.



Subchapter B. Texas Board Of Architectural Examiners

Section  1051.101.  Board Membership.

(a) The Texas Board of Architectural Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:

(1)  four architect members registered under this chapter;

(2)  one interior designer member registered under Chapter 1053;

(3)  one landscape architect member registered under Chapter 1052; and

(4)  three members who represent the public, at least one of whom is a person with a physical disability.

(b)  Not more than one board member may be:

(1)  a stockholder or owner of an interest in a school or college that teaches architecture, interior design, or landscape architecture;  or

(2)  a full-time member of the faculty or administration of the architecture, interior design, or landscape architecture department of a school or college whose position is the primary employment of the board member.

(c)  Except as provided by Subsection (a)(4), appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.06, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 2, eff. September 1, 2007.



Section  1051.102.  Eligibility Of Public Members.

A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of architecture, interior design, or landscape architecture;

(2)  is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;

(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or

(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.103.  Membership And Employee Restrictions.

(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of architecture, interior design, or landscape architecture; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of architecture, interior design, or landscape architecture.

(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.07, eff. Sept. 1, 2003.



Section  1051.104.  Terms; Vacancy.

(a) Board members serve staggered six-year terms. The terms of three members expire on January 31 of each odd-numbered year.

(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.105.  Grounds For Removal.

(a) It is a ground for removal from the board that a member:

(1)  does not have at the time of taking office the qualifications required by Section 1051.101;

(2)  does not maintain during service on the board the qualifications required by Section 1051.101;

(3)  is ineligible for membership under Section 1051.102 or 1051.103;

(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.

(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.08, eff. Sept. 1, 2003.



Section  1051.106.  Per Diem; Reimbursement.

(a) A board member is entitled to receive a per diem for each day that the member engages in board business.

(b)  A board member is entitled to receive reimbursement for travel expenses, including food, lodging, and transportation expenses.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.107.  Officers.

(a) The governor shall designate one board member as presiding officer to serve in that capacity at the pleasure of the governor.

(b)  The board annually shall elect from its members an assistant presiding officer.

(c)  The board shall appoint a secretary-treasurer of the board to serve at the pleasure of the board.

(d)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(41).

(e)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(41).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(41), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 3, eff. September 1, 2007.



Section  1051.108.  Meetings.

(a) The board shall hold at least two regular meetings each year at a time and place determined by the board to:

(1)  transact its business; and

(2)  examine each applicant for registration under this chapter.

(b)  Special meetings of the board must be called by the presiding officer or, if the presiding officer is absent from the state or is unable to act, by the assistant presiding officer.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.109.  Office Location.

The board shall maintain an office in Austin.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.110.  Board Member Activities.

Membership on the board does not prohibit a member from performing any work or providing any service on a state, county, municipal, or other public building or work for a fee or other direct compensation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.111.  Filing Of Oath.

Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.112.  Training.

(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b)  The training program must provide the person with information regarding:

(1)  this subtitle;

(2)  the programs operated by the board;

(3)  the role and functions of the board;

(4)  the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;

(5)  the current budget for the board;

(6)  the results of the most recent formal audit of the board;

(7)  the requirements of:

(A)  the open meetings law, Chapter 551, Government Code;

(B)  the public information law, Chapter 552, Government Code;

(C)  the administrative procedure law, Chapter 2001, Government Code; and

(D)  other laws relating to public officials, including conflict-of-interest laws; and

(8)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Acts 2003, 78th Leg., ch. 331, Sec. 1.09, eff. Sept. 1, 2003.



Subchapter C. Executive Director And Personnel

Section  1051.151.  Executive Director; Duties Regarding Money.

(a) The board may employ an executive director to conduct the affairs of the board under the board's direction. The executive director shall receive a salary in an amount determined by the board.

(b)  The executive director shall receive and account for any money derived, including any fee collected, under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.152.  Personnel.

The board shall employ clerical and other assistants as necessary to properly perform the board's work.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.153.  Division Of Responsibilities.

The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff. Sept. 1, 2003.



Section  1051.154.  Qualifications And Standards Of Conduct Information.

The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff. Sept. 1, 2003.



Section  1051.155.  Career Ladder Program; Performance Evaluations.

(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.

(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for board employees must be based on the system established under this subsection.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.156.  Equal Employment Opportunity Policy; Report.

(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b)  The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)  an analysis of the extent to which the composition of the board's personnel is in accordance with federal and state law and a description of reasonable methods to achieve compliance with federal and state law.

(c)  The policy statement must:

(1)  be updated annually;

(2)  be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1); and

(3)  be filed with the governor's office.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff. Sept. 1, 2003.



Subchapter D. Board Powers And Duties

Section  1051.201.  Scope Of Administrative Authority.

The powers granted and duties delegated to the board under this chapter are in addition to the powers granted and duties delegated to the board under Chapters 1052 and 1053.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.202.  General Rulemaking Authority.

The board shall adopt reasonable rules and bylaws and prescribe forms as necessary to administer or enforce this subtitle, including rules regulating the practices of architecture, landscape architecture, and interior design.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.14, eff. Sept. 1, 2003.



Section  1051.203.  Rules Restricting Advertising Or Competitive Bidding.

(a) The board may not adopt rules restricting advertising or competitive bidding by a certificate holder except to prohibit false, misleading, or deceptive practices.

(b)  In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that:

(1)  restricts the use of any advertising medium;

(2)  restricts the use of a certificate holder's personal appearance or voice in an advertisement;

(3)  relates to the size or duration of an advertisement by the certificate holder; or

(4)  restricts the certificate holder's advertisement under a trade name.

(c)  The board shall adopt rules to prevent a person regulated by the board from submitting a competitive bid to, or soliciting a competitive bid on behalf of, a governmental entity that is prohibited by Subchapter A, Chapter 2254, Government Code, from making a selection or awarding a contract on the basis of competitive bids.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.15, eff. Sept. 1, 2003.



Section  1051.204.  Subpoena.

(a) The board may request and, if necessary, compel by subpoena:

(1)  the attendance of witnesses for examination under oath; and

(2)  the production for inspection or copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this subtitle.

(b)  The board, acting through the attorney general, may bring an action to enforce a subpoena issued under Subsection (a) against a person who fails to comply with the subpoena.

(c)  Venue for an action brought under Subsection (b) is in a district court in:

(1)  Travis County; or

(2)  any county in which the board may conduct a hearing.

(d)  The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.207 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.16, 1.17, eff. Sept. 1, 2003.



Section  1051.205.  Public Records.

(a) The secretary-treasurer of the board shall keep records of all board proceedings and all money received or spent by the board.

(b)  The records must include a record of:

(1)  each issuance or renewal of a certificate of registration; and

(2)  each refusal to issue or renew a certificate of registration.

(c)  The records shall be open to public inspection at all reasonable times.

(d)  The board shall maintain records or an official roster showing:

(1)  the name and, if known, the address of each person registered under this subtitle; and

(2)  the date and registration number of each certificate of registration issued under this subtitle.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code, Sec. 1051.208 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.18, 1.19, eff. Sept. 1, 2003.



Section  1051.206.  Board Seal.

(a) The board shall adopt a seal and shall use the seal on official documents.

(b)  The design of the seal must include a five-pointed star with a circular border and the words "Texas Board of Architectural Examiners" within the border.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.209 by Acts 2003, 78th Leg., ch. 331, Sec. 1.20, eff. Sept. 1, 2003.



Section  1051.207.  Rules On Consequences Of Criminal Conviction.

The board shall adopt rules as necessary to comply with Chapter 53.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1, 2003.



Section  1051.208.  Standards Of Conduct.

The board by rule shall establish standards of conduct for persons regulated under this subtitle.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1, 2003.



Section  1051.209.  Attorney General As Legal Advisor.

The attorney general shall act as legal advisor to the board and shall provide legal assistance to enforce this subtitle. This section does not relieve a local prosecuting attorney of any duty under the law.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1, 2003.



Section  1051.210.  Technology Policy.

The board shall develop and implement a policy that requires the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

(1)  ensure that the public is able to easily find information about the board through the Internet;

(2)  ensure that persons who want to use the board's services are able to:

(A)  interact with the board through the Internet; and

(B)  access any service that can be provided effectively through the Internet; and

(3)  be cost-effective and be developed through the board's planning process.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1, 2003.



Section  1051.211.  Negotiated Rulemaking And Alternative Dispute Resolution.

(a) The board shall develop and implement a policy to encourage the use of:

(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and

(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.

(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c)  The board shall designate a trained person to:

(1)  coordinate the implementation of the policy adopted under Subsection (a);

(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1, 2003.



Section  1051.212.  Joint Advisory Committee On The Practices Of Engineering Architecture, And Landscape Architecture.

(a) The Joint Advisory Committee on the Practices of Engineering, Architecture, and Landscape Architecture is an advisory committee to the board and to the Texas Board of Professional Engineers. The advisory committee consists of:

(1)  three members of the board and one practicing accredited architect appointed by the board; and

(2)  three members of the Texas Board of Professional Engineers and one practicing accredited architectural engineer appointed by that board.

(b)  Members of the advisory committee serve staggered six-year terms, with the terms of one or two members appointed by the board and one or two members appointed by the Texas Board of Professional Engineers expiring each odd-numbered year.

(c)  The advisory committee shall meet at least twice a year.

(d)  The advisory committee shall work to resolve issues that result from the overlap between activities that constitute the practices of engineering and architecture and those that constitute the practices of engineering and landscape architecture. The advisory committee shall assist each agency in protecting the public rather than advancing the interests of either agency or the profession it regulates.

(e)  The advisory committee shall issue advisory opinions to the board and to the Texas Board of Professional Engineers on matters relating to the practice of engineering and the practice of architecture or landscape architecture, including:

(1)  opinions on whether certain activities constitute the practice of engineering or the practice of architecture or landscape architecture;

(2)  specific disciplinary proceedings initiated by either agency; and

(3)  the need for persons working on particular projects to be registered by the board or licensed by the Texas Board of Professional Engineers.

(f)  If the advisory committee issues an advisory opinion to the board or the Texas Board of Professional Engineers on a matter, that agency shall notify the committee of the final action taken with regard to the matter. The advisory committee shall consider the action taken by the agency on the matter in any advisory opinion subsequently issued by the committee on a related matter.

(g)  The board and the Texas Board of Professional Engineers shall enter into a memorandum of understanding regarding the advisory committee that includes the composition and purpose of the committee.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1, 2003.



ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS


Subchapter E. Public Interest Information And Complaint Procedures

Section  1051.251.  Public Interest Information; Display Of Certificate.

(a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board. The information must include information for prospective applicants regarding the qualifications and requirements for registration under this subtitle.

(b)  The board shall make the information available to the public and appropriate state agencies.

(c)  In each written contract in which a person registered under this subtitle agrees to practice the person's profession in this state, the person shall include the name, mailing address, and telephone number of the board and a statement that the board has jurisdiction over a person registered under this subtitle.

(d)  A person registered under this subtitle shall prominently display the person's certificate of registration in the person's place of business.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.04, 2.05, eff. Sept. 1, 2003.



Section  1051.252.  Complaints.

(a) The board by rule shall establish a comprehensive procedure for receiving and adjudicating complaints from consumers and service recipients. The rules must address each phase of the complaint process, including complaint intake, preliminary evaluation, investigation, adjudication, sanctions, and public disclosure.

(b)  The board shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notice:

(1)  on each registration form, application, or written contract for services of a person regulated under this subtitle;

(2)  on a sign prominently displayed in the place of business of each person regulated under this subtitle; or

(3)  in a bill for service provided by a person regulated under this subtitle.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.06, eff. Sept. 1, 2003.



Section  1051.253.  Complaint Information.

(a) The board shall maintain a file on each complaint filed with the board that the board has authority to resolve. The file must include:

(1)  the name of the person who filed the complaint unless the complaint is filed anonymously;

(2)  the date the complaint is received by the board;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.

(b)  The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.

(c)  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an investigation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.06, eff. Sept. 1, 2003.



Section  1051.254.  Public Participation.

(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided access to the board's programs.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.07, eff. Sept. 1, 2003.



Subchapter F. General Registration Requirements

Section  1051.301.  Administration Of Examination To Disabled Applicants. The

board by rule shall ensure that an examination under this subtitle is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Section  1051.302.  Examination Fee.

Notwithstanding Section 2113.203, Government Code, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the examination.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Section  1051.303.  Refund Policy.

The board by rule shall adopt a comprehensive refund policy for applicants who are not able to take an examination under this subtitle after paying the examination fee. The comprehensive refund policy must include:

(1)  a list of the circumstances under which the board will refund the examination fee to an applicant who does not take the examination;

(2)  the required documentation to support a refund request;

(3)  the deadline for applying for a refund; and

(4)  the amount of the examination fee the board may retain to cover administrative costs.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Section  1051.304.  Examination Results.

(a) Not later than the 30th day after the date a person takes an examination under this subtitle, the board shall notify the person of the results of the examination.

(b)  If an examination is graded or reviewed by a testing service:

(1)  the board shall notify the person of the results of the examination not later than the 14th day after the date the board receives the results from the testing service; and

(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day.

(c)  The board may require a testing service to notify a person of the results of the person's examination.

(d)  If requested in writing by a person who fails an examination administered under this subtitle, the board shall provide the person with an analysis of the person's performance on the examination.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Section  1051.305.  Reciprocity.

(a) The board may waive any prerequisite to obtaining a certificate of registration under this subtitle for an applicant who holds a license or certificate of registration issued by another jurisdiction:

(1)  that has licensing or registration requirements substantially equivalent to those of this state; or

(2)  with which this state has a reciprocity agreement.

(b)  The board may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.

(c)  An applicant under this section must:

(1)  apply in the same manner and form as any other applicant under this subtitle, except that the application must be accompanied by a fee in an amount set by the board as reasonable and necessary to cover the cost of processing and investigating the application and issuing the certificate of registration; and

(2)  provide the board with documents and other evidence that substantiates the applicant's qualifications.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Section  1051.306.  Firm Registration.

The board by rule may require a firm, partnership, corporation, or association that engages in the practice of architecture, landscape architecture, or interior design to register with the board under this subtitle.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Section  1051.307.  Roster Of Applicants.

The board shall maintain a roster of all persons who apply for a certificate of registration under this subtitle. The roster must include the following information about each applicant:

(1)  the applicant's name, address, and age;

(2)  the date the applicant filed the application;

(3)  the applicant's place of business;

(4)  the applicant's educational and other qualifications;

(5)  whether the applicant took the examination;

(6)  whether the board issued a certificate of registration to the applicant or rejected the application;

(7)  the date of the board's action on the application; and

(8)  any other information the board considers necessary.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.



Subchapter G. Renewal Of Certificate Of Registration

Section  1051.351.  Annual Renewal Required.

(a) A person who is otherwise eligible to renew a certificate of registration under this subtitle may renew an unexpired certificate by paying the required renewal fee to the board before the expiration date of the certificate. A person whose certificate of registration has expired may not engage in activities that require registration until the certificate of registration has been renewed.

(b)  The board by rule may adopt a system under which certificates of registration expire on various dates during the year.

(c)  For the year in which the certificate of registration expiration date is changed, the board shall prorate renewal fees on a monthly basis so that each certificate holder pays only that portion of the registration fee that is allocable to the number of months during which the certificate is valid. On renewal of the certificate of registration on the new expiration date, the total registration renewal fee is payable.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, eff. Sept. 1, 2003.



Section  1051.352.  Notice Of Expiration.

Not later than the 30th day before the date a person's certificate of registration is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records of the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, eff. Sept. 1, 2003.



Section  1051.353.  Procedure For Renewal.

(a) A person may renew an unexpired certificate of registration by submitting proof satisfactory to the board of compliance with the board's continuing education requirement.

(b)  A person whose certificate of registration has been expired for 90 days or less may renew the certificate by paying to the board a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(c)  A person whose certificate of registration has been expired for more than 90 days but less than two years may renew the certificate by paying to the board a renewal fee equal to two times the normally required renewal fee.

(d)  A person whose certificate of registration has been expired for two years or more may not renew the certificate.  The person may obtain a new certificate of registration by complying with the requirements and procedures, including the examination requirements, for obtaining an original certificate.

(e)  A person who was registered in this state, moved to another state, and is currently licensed or registered and has been in practice in the other state for the two years preceding the date of the application may obtain a new certificate of registration without reexamination. The person must pay to the board a fee that is equal to two times the normally required renewal fee for the certificate of registration.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 4, eff. September 1, 2007.



Section  1051.354.  Fee Exemption For Military Personnel.

(a) A person required to register under this subtitle who is on active duty as a member of the United States military is exempt from the payment of any fee during the person's term of service if the person:

(1)  is in good standing as an architect, landscape architect, or interior designer in this state; or

(2)  was in good standing as an architect, landscape architect, or interior designer in this state at the time the person entered into military service.

(b)  A person who is exempt from payment of a fee under Subsection (a):

(1)  is exempt for the remainder of the fiscal year during which the person's active duty status expires; and

(2)  is entitled to have the person's name continued on the list of architects, landscape architects, or interior designers.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, eff. Sept. 1, 2003.



Section  1051.355.  Inactive Status.

(a) The board by rule shall establish a procedure by which a person who is registered under this subtitle may place the person's certificate of registration on inactive status. The person must apply for inactive status, on a form prescribed by the board, before the person's certificate of registration expires.

(b)  A person whose certificate of registration is on inactive status must pay an annual renewal fee on a date and in a manner prescribed by board rule. The board shall prescribe the renewal fee under this subsection in an amount equal to the sum of:

(1)  the amount determined by the board as reasonable and necessary to cover the costs of administering this section; and

(2)  except as provided by Subsection (e), the additional amount required under Section 1051.651(b)(1)(B) for the examination fee scholarship program.

(c)  A person whose certificate of registration is on inactive status may not perform any activity regulated under this subtitle.

(d)  The board shall remove the person's certificate of registration from inactive status if the person:

(1)  requests in writing that the board remove the person's certificate of registration from inactive status;

(2)  pays an administrative fee; and

(3)  complies with education or other requirements established by board rule.

(e)  The additional amount of the renewal fee described by Subsection (b)(2) does not apply to a person registered under Chapter 1052 or 1053.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.11, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.054(a), eff. Sept. 1, 2003.



Section  1051.356.  Continuing Education.

(a) The board shall recognize, prepare, or administer continuing education programs for its certificate holders. A certificate holder must participate in the programs to the extent required by the board to keep the person's certificate of registration.

(b)  The continuing education programs:

(1)  must include courses relating to sustainable or energy-efficient design standards; and

(2)  may include courses relating to:

(A)  health, safety, or welfare; or

(B)  barrier-free design.

(b-1)  As part of a certificate holder's continuing education requirements for each annual registration period, the board by rule shall require the certificate holder to complete at least one hour of continuing education relating to sustainable or energy-efficient design standards.

(c)  The board may recognize the continuing education programs of:

(1)  a nationally acknowledged organization involved in providing, recording, or approving postgraduate education; and

(2)  any other sponsoring organization or individual whose presentation is approved by the board as qualifying in design or construction health, safety, or welfare.

(d)  A person is exempt from the continuing education requirements of this section if the person is, as of September 1, 1999, engaged in teaching the subject matter for which the person is registered under this subtitle as a full-time faculty member or other permanent employee of an institution of higher education, as defined by Section 61.003, Education Code.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.12, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 376, Sec. 1, eff. September 1, 2007.



Section  1051.357.  Emeritus Status.

(a) The board by rule shall establish a procedure by which an architect may place the architect's certificate of registration on emeritus status.  The architect must apply for emeritus status, on a form prescribed by the board, before the architect's certificate of registration expires.

(b)  An architect is eligible for emeritus status if the architect:

(1)  has been an architect for 20 years or more; and

(2)  is 65 years of age or older.

(c)  An architect whose certificate of registration is on emeritus status:

(1)  may engage in the practice of architecture as defined by Sections 1051.001(7)(D), (E), (F), (G), and (H);

(2)  may prepare plans and specifications described by Sections 1051.606(a)(3) and (4);

(3)  may use the title "Emeritus Architect" or "Architect Emeritus";

(4)  must pay a renewal fee on a date and in a manner prescribed by board rule; and

(5)  is exempt from continuing education requirements under this chapter.

(d)  The board shall change an architect's certificate of registration from emeritus status to active status if the architect:

(1)  requests in writing that the board remove the architect's certificate of registration from emeritus status;

(2)  pays an administrative fee; and

(3)  complies with education or other requirements established by board rule.

(e)  The renewal fee charged under Subsection (c) may not exceed an amount reasonable and necessary to recover the costs to administer this section.

Added by Acts 2003, 78th Leg., ch. 1064, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 5, eff. September 1, 2007.



Subchapter H. General Disciplinary Procedures

Section  1051.401.  Right To Hearing; Appeal.

(a) If the board proposes to suspend, revoke, or refuse to renew a person's certificate of registration, the person is entitled to a hearing. The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings.

(b)  The board shall prescribe procedures by which a decision to suspend or revoke or a refusal to renew a certificate of registration is made by or is appealable to the board.

(c)  A hearing under this section is a contested case subject to Chapter 2001, Government Code, and must be conducted under rules enacted by the State Office of Administrative Hearings under Chapter 2003, Government Code.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.13, eff. Sept. 1, 2003.



Section  1051.402.  Publication Of Disciplinary Orders And Sanctions.

The board by rule shall provide for the publication of all disciplinary orders and sanctions imposed by the board under this subtitle. A certificate holder may not negotiate with the board to keep the board from publishing the settlement of a disciplinary action.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.13, eff. Sept. 1, 2003.



Section  1051.403.  Reinstatement.

The board may issue or reinstate a certificate of registration under this section to an applicant who:

(1)  pays all fees and costs incurred by the board as a result of any proceeding that led to the denial, revocation, or suspension; and

(2)  presents evidence to support the issuance or reinstatement of the certificate.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.13, eff. Sept. 1, 2003.



Subchapter I. Administrative Penalty

Section  1051.451.  Imposition Of Administrative Penalty.

The board may impose an administrative penalty on a person who engages in conduct for which the person is subject to disciplinary action under this subtitle, regardless of whether the person holds a certificate of registration issued under this subtitle.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.15, eff. Sept. 1, 2003.



Section  1051.452.  Amount Of Administrative Penalty.

(a) The amount of an administrative penalty may not exceed $5,000.

(b)  In determining the amount of a penalty, the board shall consider:

(1)  the seriousness of the conduct that is the ground for imposing the penalty, including:

(A)  the nature, circumstances, extent, and gravity of any relevant act or omission; and

(B)  the hazard or potential hazard created to the health or safety of the public;

(2)  the economic damage to property caused by the conduct;

(3)  the history of previous grounds for imposing a penalty on the person who engaged in the conduct;

(4)  the amount necessary to deter future conduct that is a ground for imposing a penalty;

(5)  efforts to correct the conduct that is a ground for imposing a penalty; and

(6)  any other matter that justice may require.

(c)  The board by rule shall adopt an administrative penalty schedule for violations of this subtitle or board rules to ensure that the amounts of penalties imposed are appropriate to the violation. The board must provide the administrative penalty schedule to the public on request.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.16, eff. Sept. 1, 2003.



Section  1051.453.  Report And Notice Of Violation And Administrative Penalty.

(a) If, after investigating the facts surrounding an alleged ground for imposing an administrative penalty, the executive director determines that a ground exists for imposing an administrative penalty, the executive director may issue a report stating:

(1)  the facts on which the determination is based; and

(2)  the executive director's recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty.

(b)  The executive director shall base the recommended amount of the penalty on the seriousness of the ground for imposing the penalty after considering the factors listed in Section 1051.452.

(c)  Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the report to the person on whom the penalty may be imposed. The notice must:

(1)  include a brief summary of the charges;

(2)  state the amount of the recommended penalty; and

(3)  inform the person of the person's right to a hearing on the occurrence of a ground for imposing the penalty, the amount of the penalty, or both.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.454.  Administrative Penalty To Be Paid Or Hearing Requested.

(a) Not later than the 20th day after the date the person receives notice under Section 1051.453(c), the person may:

(1)  accept the executive director's determination, including the recommended administrative penalty; or

(2)  request a hearing on the determination.

(b)  If the person accepts the executive director's determination, the board by order shall approve the determination and impose the recommended penalty.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.455.  Hearing.

(a) If the person requests a hearing or fails to respond timely to notice under Section 1051.453(c), the board shall set a hearing and give notice of the hearing to the person.

(b)  A proceeding under this section relating to an architect, a landscape architect, or an interior designer is subject to Chapter 2001, Government Code.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 6, eff. September 1, 2007.



Section  1051.456.  Notice Of Board Order.

The executive director shall give notice of the board's order to the person on whom the penalty is imposed. The notice must include:

(1)  the findings of fact and conclusions of law, separately stated;

(2)  the amount of the administrative penalty ordered, if any;

(3)  a statement of the right of the person on whom the penalty is imposed to judicial review of the board's order; and

(4)  other information required by law.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.457.  Options Following Board Order: Pay Or Appeal.

(a) If the person on whom an administrative penalty is imposed holds a certificate of registration issued by the board, the board's order becomes final as provided by Section 2001.144, Government Code.  If the person does not hold a certificate of registration issued by the board, the board's order becomes final on the 20th day after the date the order is issued.

(b)  Not later than the 30th day after the date the board's order becomes final, the person shall:

(1)  pay the administrative penalty in full; or

(2)  file a petition for judicial review contesting the occurrence of the ground for imposing a penalty, the amount of the penalty, or both.

(c)  Within the period prescribed by Subsection (b), a person who acts under Subsection (b)(2) shall:

(1)  pay the penalty to the board for placement in an escrow account;

(2)  post with the board a supersedeas bond that is in a form approved by the board for the amount of the penalty and that is effective until judicial review of the board's order is final; or

(3)  file with the board an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to post the bond.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1360, Sec. 7, eff. September 1, 2007.



Section  1051.458.  Collection Of Administrative Penalty.

If the person on whom an administrative penalty is imposed does not meet the requirements of Section 1051.457, the board may refer the matter to the attorney general for enforcement.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.459.  Judicial Review.

Judicial review of the order of the board imposing an administrative penalty is under the substantial evidence rule and is instituted by filing a petition with a district court in Travis County, as provided by Subchapter G, Chapter 2001, Government Code.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Section  1051.460.  Remittance Of Administrative Penalty And Interest.

(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the board shall:

(1)  remit the appropriate amount plus accrued interest to the person on whom the penalty is imposed, if the person paid the penalty; or

(2)  execute a release of the bond, if the person posted a supersedeas bond.

(b)  The interest remitted under Subsection (a)(1) is at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.



Subchapter J. Other Penalties And Enforcement Provisions

Section  1051.501.  General Enforcement Authority.

(a) A violation of this subtitle shall be reported to the board.

(b)  The board shall ensure that enforcement action is taken against a person who violates this subtitle.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.18, eff. Sept. 1, 2003.



Section  1051.502.  Injunctive Relief.

(a) The board may bring an action in its name to enjoin or restrain a person from violating this subtitle, a rule adopted under this subtitle, or another state statute or rule relating to the professions regulated under this subtitle.

(b)  An action under this section must be brought in:

(1)  the county in which the defendant resides; or

(2)  the county in which the violation occurred or is threatened to occur.

(c)  In an action brought under this section, the board may be represented by the attorney general, the district attorney or the county attorney, and by other counsel as necessary.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.19, eff. Sept. 1, 2003.



Section  1051.503.  Cumulative Effect Of Provisions.

An action or penalty authorized by this subtitle is in addition to any other action or penalty provided by law.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.504 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.20, eff. Sept. 1, 2003.



Section  1051.504.  Cease And Desist Order.

(a) If it appears to the board that a person who is not registered under this subtitle is violating or has violated this subtitle, a rule adopted under this subtitle, or another state statute or rule relating to the practice of architecture, landscape architecture, or interior design, the board after providing to the person notice and the opportunity for a hearing may issue a cease and desist order prohibiting the conduct described in the notice.

(b)  If the person does not request a hearing before the 22nd day after the date of receiving notice under Subsection (a), the board may:

(1)  issue a cease and desist order; and

(2)  refer the violation to the attorney general for further action.

(c)  If the person requests a hearing before the 22nd day after the date of receiving notice under Subsection (a), the board shall hold the hearing not later than the 30th day after the date the board receives the request for the hearing.

(d)  A hearing under this section is subject to Chapter 2001, Government Code.

(e)  The board shall adopt rules necessary to implement this section.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.21, eff. Sept. 1, 2003.



Section  1051.505.  Restitution.

(a) The board may order a person registered under this subtitle to pay restitution to a consumer instead of or in addition to assessing an administrative penalty under this chapter.

(b)  The amount of restitution ordered by the board may not exceed the amount the consumer paid the person for a service regulated under this subtitle. The board may not include an estimation of other damages or harm in a restitution order.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.21, eff. Sept. 1, 2003.



ARTICLE 3. PROVISIONS APPLYING ONLY TO ARCHITECTS


Subchapter K. General Provisions: Architects

Section  1051.551.  Enforcement By Certain Public Officials.

(a) A public official of this state or of a political subdivision of this state who is responsible for enforcing laws that affect the practice of architecture may accept an architectural plan, specification, or other related document only if the plan, specification, or document is prepared by an architect or by a person acting under the supervision of an architect, as evidenced by the architect's seal.

(b)  Subsection (a) does not apply to a plan, specification, or document that is subject to an exemption from this chapter.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.03, eff. Sept. 1, 2003.



Subchapter L. Exemptions

Section  1051.601.  Activities Of Licensed Engineer.

(a) This chapter and any rule adopted under this chapter do not limit the right of an engineer licensed under Chapter 1001 to perform an act, service, or work within the scope of the practice of engineering as defined by that chapter.

(b)  This chapter does not prohibit an engineer licensed under Chapter 1001 from:

(1)  planning and supervising work on:

(A)  a construction project primarily intended for engineering use, including a railroad, hydroelectric work, or industrial plant; or

(B)  a structure incidental to a construction project described by Paragraph (A); or

(2)  planning, designing, or supervising the mechanical, electrical, or structural features of a building.

(c)  This chapter does not prohibit an engineer who has an architectural engineering degree from a public or private college or university from using the title "architectural engineer." (V.A.C.S. Art. 249a, Secs. 10(b) (part), (g), (j); 16(c).)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.051 by Acts 2003, 78th Leg., ch. 331, Sec. 3.05, eff. Sept. 1, 2003.



Section  1051.602.  Activities Of Architect Or Engineer Employee.

This chapter does not limit a drafter, clerk of the works, superintendent, or other employee of an architect or engineer from acting under the architect's or engineer's instructions, control, or supervision.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.052, by Acts 2003, 78th Leg., ch. 331, Sec. 3.06, eff. Sept. 1, 2003.



Section 1051.603.  Landscape Architecture.

This article does not:

(1)  limit the practice of landscape architecture; or

(2)  prohibit the use of the title "Landscape Architect" by a qualified person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.053 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.07, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 15.007(d), eff. September 1, 2005.



Section 1051.604.  Interior Design.

This article does not:

(1)  limit the practice of interior design; or

(2)  prohibit the use of the title "Interior Designer" by a qualified person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.054 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.08, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 15.007(e), eff. September 1, 2005.



Section  1051.605.  Employee Of Certain Utilities Or Affiliates.

(a) This chapter does not limit the activities of a regular full-time employee of a privately owned public utility or cooperative utility or of the utility's affiliate who performs services exclusively for the utility or the affiliate.

(b)  This chapter does not limit the use of a job title or personnel classification by an employee described by Subsection (a) if the employee does not use:

(1)  the title or classification in connection with an offer to the public to perform architectural services; and

(2)  a name, title, or other word that tends to convey the impression that a person not registered as an architect under this chapter is offering to the public to perform architectural services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.055 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.09, 3.10, eff. Sept. 1, 2003.



Section  1051.606.  Activities Of Certain Persons Not Represented To Be Architects.

(a) This chapter does not apply to a person who does not represent that the person is an architect or architectural designer, or use another business or professional title that uses a form of the word "architect," and who:

(1)  engages in or is employed in the practice of architecture solely as an officer or employee of the United States;

(2)  is a legally qualified architect residing in another state or country who:

(A)  does not open or maintain an office in this state; and

(B)  complies with the requirements of Subsection (b);

(3)  prepares architectural plans and specifications for or observes or supervises the alteration of a building, unless the alteration involves a substantial structural or exitway change to the building; or

(4)  prepares the architectural plans and specifications for or observes or supervises the construction, enlargement, or alteration of a privately owned building that is:

(A)  a building used primarily for:

(i)  farm, ranch, or agricultural purposes; or

(ii)  storage of raw agricultural commodities;

(B)  a single-family or dual-family dwelling or a building or appurtenance associated with the dwelling;

(C)  a multifamily dwelling not exceeding a height of two stories and not exceeding 16 units per building;

(D)  a commercial building that does not exceed a height of two stories or a square footage of 20,000 square feet; or

(E)  a warehouse that has limited public access.

(b)  A person described by Subsection (a)(2) who agrees to perform or represents that the person is able to perform a professional service involved in the practice of architecture may perform an architectural service in this state only if, in performing the service, the person:

(1)  employs an architect who is a resident of this state as a consultant; or

(2)  acts as a consultant of an architect in this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.056 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.11, 3.12, eff. Sept. 1, 2003.



Subchapter M. Board Powers And Duties: Architects

Section  1051.651.  Fees.

(a) The board may set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of administering this chapter, unless the amount of the fee is set by this chapter or by the General Appropriations Act.

(b)  The board shall set the required renewal fee for:

(1)  a resident of this state in an amount that is equal to the sum of:

(A)  the amount determined by the board as reasonable and necessary to cover administrative costs; and

(B)  an amount determined annually by the board as reasonable and necessary for the administration of the examination fee scholarship program under Section 1051.653; and

(2)  nonresidents in an amount determined by the board.

(c)  The board may accept payment of a fee by electronic means. The board may charge a fee to process the payment made by electronic means. The board shall set the processing fee in an amount that is reasonably related to the expense incurred by the board in processing the payment made by electronic means, not to exceed five percent of the amount of the fee for which the payment is made.

(d)  A fee set by the board under this section may not be used for the purpose of earning additional revenue for the board.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, eff. Sept. 1, 2003.



Section  1051.652.  Fee Increase.

(a) The fee for the issuance of a certificate to an applicant possessing a license or certificate to practice architecture in another state and the fee for the renewal of a certificate under this chapter are increased by $200.

(b)  Of each fee increase collected, $50 shall be deposited in the foundation school fund and $150 shall be deposited in the general revenue fund.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, eff. Sept. 1, 2003.



Section  1051.653.  Examination Fee Scholarships.

(a) The board shall administer scholarships to applicants for examination under this article in a manner the board determines best serves the public purpose of:

(1)  promoting the professional needs of the state;

(2)  increasing the number of highly trained and educated architects available to serve the residents of the state;

(3)  improving the state's business environment and encouraging economic development; and

(4)  identifying, recognizing, and supporting outstanding applicants who plan to pursue careers in architecture.

(b)  In determining what best serves the public purpose of the scholarships as described by Subsection (a), the board shall consider at least the financial need of each person who applies for a scholarship under this section.

(c)  The amount of the scholarship is the lesser of:

(1)  $500; or

(2)  the amount of the required examination fee.

(d)  Scholarships under this section are funded by the amount added to each renewal fee under Section 1051.651(b). The board may not use more than 15 percent of the amount appropriated to the board for scholarships under this section to pay the costs of administering the scholarships.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 15.007(f), eff. September 1, 2005.



Section  1051.654.  Design And Approval Of Architect's Seal.

(a) The board shall prescribe and approve the seal to be used by an architect.

(b)  The design of the seal must be the same as the design used by the board, except that the words "Registered Architect, State of Texas" must be used instead of "Texas Board of Architectural Examiners."

Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, eff. Sept. 1, 2003.



Subchapter N. Registration Of Architects

Section  1051.701.  Registration Required.

(a) A person may not engage in the practice of architecture, or offer or attempt to engage in the practice of architecture, as defined in Section 1051.001(7)(A), (B), or (C) unless the person is registered as an architect under this chapter.

(b)  A firm, partnership, corporation, or association, including a firm, partnership, corporation, or joint stock association engaged in the practice of engineering under Section 1001.405, may engage in the practice of architecture, represent to the public that the entity is engaged in the practice of architecture or is offering architectural services, or use the word "architect" or "architecture" in any manner in its name only if any practice of architecture or architectural service performed on behalf of the entity is performed by or through a person registered as an architect under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.301 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.15, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 208, Sec. 3, eff. September 1, 2005.



Section  1051.702.  Use Of Architect's Seal.

(a) An architect shall maintain a seal as approved by the board and shall stamp or impress the seal on each drawing or specification issued from the architect's office for use in this state.

(b)  A person may not use or attempt to use an architect's seal, a similar seal, or a replica of the seal, unless the use is by or through an architect.

(c)  An architect may not permit a person who is not an architect to use the architect's seal without the architect's personal supervision.

(d)  A person may not present or attempt to use as the person's own the seal of another person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.302 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.16, 3.17, eff. Sept. 1, 2003.



Section  1051.703.  Certain Plans Or Specifications To Be Prepared Only By Architect.

(a) An architectural plan or specification for any of the following may be prepared only by an architect:

(1)  a new building or modification of an existing building intended for occupancy on a 24-hour basis by persons who are receiving custodial care from the proprietor or operator of the building, regardless of the number of stories or square footage of the building;

(2)  a new building having construction costs exceeding $100,000 that is to be:

(A)  constructed and owned by a state agency, a political subdivision of this state, or any other public entity in this state; and

(B)  used for education, assembly, or office occupancy; or

(3)  an alteration or addition having construction costs exceeding $50,000 that:

(A)  is to be made to an existing building that:

(i)  is owned by a state agency, a political subdivision of this state, or any other public entity in this state; and

(ii)  is or will be used for education, assembly, or office occupancy; and

(B)  requires the removal, relocation, or addition of a wall or partition or the alteration or addition of an exit.

(b)  This section does not prohibit an owner of a building from choosing an architect or engineer as the prime design professional for a building construction, alteration, or addition project.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.303 by Acts 2003, 78th Leg., ch. 331, Sec. 3.18, eff. Sept. 1, 2003.



Section  1051.704.  Examination; Issuance Of Certificate.

The board shall:

(1)  examine each applicant for registration on any architectural subject or procedure the board requires; and

(2)  issue a certificate of registration to each applicant who passes the examination.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.304 by Acts 2003, 78th Leg., ch. 331, Sec. 3.19, eff. Sept. 1, 2003.



Section  1051.705.  Eligibility And Application For Examination.

(a) A person may apply for an examination under this chapter if the person:

(1)  is a graduate of a recognized university or college of architecture approved by the board; and

(2)  has satisfactory experience in architecture, in an office or offices of one or more legally practicing architects, as prescribed by board rule.

(b)  The applicant must present to the board:

(1)  a diploma showing that the applicant meets the education requirement established by Subsection (a)(1); and

(2)  evidence acceptable to the board that the applicant meets the experience requirement established by Subsection (a)(2).

(c)  The board shall set an examination fee in an amount reasonable and necessary to cover the cost of the examination.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.305 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.20, 3.21, eff. Sept. 1, 2003.



Subchapter O. Disciplinary Procedures For Architects

Section  1051.751.  Disciplinary Powers Of Board.

(a) On a determination that a ground for discipline exists under Section 1051.752, the board shall:

(1)  revoke, suspend, or refuse to renew a certificate of registration;

(2)  reprimand a certificate holder; or

(3)  impose an administrative penalty on a person under Subchapter I.

(b)  The board may place on probation a person whose certificate of registration is suspended. If the suspension of a person's certificate is probated, the board may require the person to:

(1)  report regularly to the board on matters that are the basis of the probation;

(2)  limit practice to the areas prescribed by the board; or

(3)  continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.401 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.23, eff. Sept. 1, 2003.



Section  1051.752.  Grounds For Disciplinary Action.

A person is subject to disciplinary action under Section 1051.751 for:

(1)  a violation of this subtitle or a board rule adopted under this subtitle that applies to architects;

(2)  a failure to provide or to timely provide to the Texas Department of Licensing and Regulation any document designated by Chapter 469, Government Code, as a document the person is required to provide to the department;

(3)  a cause for which the board may refuse to issue a certificate of registration;

(4)  gross incompetency in the practice of architecture;

(5)  recklessness in the practice of architecture, including recklessness in the construction or alteration of a building by an architect designing, planning, or observing the construction or alteration;

(6)  dishonest practice in the practice of architecture by the holder of a certificate of registration;

(7)  giving false or forged evidence to the board or a board member in obtaining or assisting another person to obtain a certificate of registration;

(8)  aiding or abetting a person not registered under this subtitle in violating this subtitle; or

(9)  using or attempting to use as the person's own the certificate of registration of another person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003; Renumbered from Occupations Code Sec. 1051.402 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.23, eff. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.055(a), eff. Sept. 1, 2003.



Subchapter P. Other Penalties And Enforcement Provisions: Architects

Section  1051.801.  Criminal Penalty.

(a) A person, whether acting independently or on behalf of the person's firm, commits an offense if, in violation of this chapter, the person:

(1)  engages in the practice of architecture, or offers or attempts to engage in the practice of architecture;

(2)  prepares architectural plans or specifications for and observes or supervises the construction, enlargement, or alteration of a building for another person; or

(3)  advertises or puts out a sign, card, or drawing designating the person as an architect or architectural designer or uses another business or professional title that uses a form of the word "architect."

(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $250 and not more than $1,000. Each day of violation is a separate offense.

(c)  In an action brought under this section, the board may be represented by a district or county attorney or by other counsel as necessary.

Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.24, eff. Sept. 1, 2003.


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