Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §1.72
The Texas Board of Architectural Examiners adopts new rule, §1.72
concerning continuing education program requirements for architects. The new
section sets forth the continuing education program requirements. The proposal
to create this new rule was published in the April 14, 2000 issue of the
Continuing education, as required by statutory changes enacted by the 76th
Texas Legislature, is expected to result in architects' being better qualified
to practice their profession in a manner that minimizes risk to life, health,
property, and the public welfare.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 2(e) of Article 249a,
Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to implement continuing education requirements for architects, landscape
architects, and interior designers.
§1.72.Continuing Education Program Requirements.
(a)
Each Registrant shall complete a minimum of eight (8) continuing
education program hours (CEPH) during each annual registration period. One
CEPH shall represent a minimum of 50 minutes of actual course time. No credit
shall be awarded for introductory remarks, meals, breaks, or business/administration
matters related to courses of study.
(1)
Registrants shall complete a minimum of five (5) CEPH in
structured course study. Structured course study shall consist of participation
in educational activities presented by individuals or groups qualified by
professional, practical, or academic experience to conduct courses of study.
No credit shall be awarded for the same structured course for which the Registrant
has claimed credit during the preceding three (3) years.
(2)
Registrants may complete a maximum of three (3) CEPH in
self-directed study. One (1) CEPH shall represent one (1) hour of self-directed
study. Self-directed study must utilize articles, monographs, or other study
materials that the Registrant has not previously utilized for self-directed
study.
(b)
Topics for the eight (8) CEPH shall satisfy the following
requirements: All CEPH shall include the study of relevant technical and professional
architectural subjects pertinent to the health, safety, and welfare of the
public. The study of topics related to barrier-free design must be used to
satisfy the requirements for at least one (1) of the eight (8) CEPH.
(c)
The Board has final authority to determine whether to award
or deny credit claimed by a Registrant for continuing education activities.
The following types of activities may qualify to fulfill continuing education
program requirements:
(1)
Attendance at courses or seminars dealing with technical
architectural subjects sponsored by colleges or universities;
(2)
Attendance at technical presentations or workshops on architectural
subjects which are held in conjunction with conventions or seminars and are
related to materials use and function;
(3)
Attendance at courses or seminars related to ethical business
practices or new technology and offered by colleges, universities, professional
organizations, or system suppliers;
(4)
Three (3) CEPH may be claimed per class hour spent teaching
architectural courses or seminars as long as the Registrant has not previously
claimed credit for teaching the same course. College or university faculty
may not claim credit for teaching.
(5)
Hours spent in professional service to the general public
which draws upon the Registrant's professional expertise, such as serving
on planning commissions, building code advisory boards, urban renewal boards,
or code study committees;
(6)
Hours spent in architectural research which is published
or formally presented to the profession or public during the annual registration
period;
(7)
Hours spent in architectural self-directed study programs
such as those organized or sponsored by the American Institute of Architects,
the National Council of Architectural Registration Boards, or similar organizations
acceptable to the Board.
(8)
College or university credit courses dealing with architectural
subjects or ethical business practices; each semester credit hour shall equal
one (1) CEPH; each quarter credit hour shall equal one (1) CEPH;
(9)
One (1) CEPH may be claimed for attendance at one (1) full-day
session of a meeting of the Texas Board of Architectural Examiners; a Registrant
must attend the entire full-day session in order to receive credit.
(d)
A Registrant may be exempt from the continuing education
requirements described in this subchapter for any of the following reasons:
(1)
A Registrant who is a first-time new Registrant by examination
or first-time Registrant by reciprocity shall be exempt for his/her initial
registration period, which shall not exceed one year;
(2)
An emeritus registrant shall be exempt for any registration
period during which the registrant's registration is in Emeritus Status, but
all continuing education credits for each period of emeritus registration
shall be completed before the registrant's registration may be returned to
active status;
(3)
An inactive registrant shall be exempt for any registration
period during which the registrant's registration is in inactive status, but
all continuing education credits for each period of inactive registration
shall be completed before the registrant's registration may be returned to
active status;
(4)
A Registrant who is not a full-time member of the Armed
Forces shall be exempt for any registration period during which the Registrant
serves on active duty in the Armed Forces of the United States for a period
of time exceeding ninety (90) consecutive days;
(5)
A Registrant who has an active registration in another
jurisdiction that has registration requirements which are substantially similar
to Texas registration requirements and has a mandatory continuing education
program shall be exempt for any registration period during which the Registrant
satisfies such other jurisdiction's continuing education program requirements;
or
(6)
A Registrant who is, as of September 1, 1999, a full-time
faculty member or other permanent employee of an institution of higher education,
as defined in Section 61.003, Education Code, and who in such position is
engaged in teaching architecture.
(e)
When renewing his/her annual registration, each Registrant
shall sign the statement on the renewal form attesting to the Registrant's
fulfillment of the mandatory continuing education program requirements during
the preceding registration period. A maximum of eight (8) CEPH may be carried
from one registration period to the next.
(1)
A detailed record of the Registrant's continuing education
activities shall be recorded annually on a form provided by the Board. Each
Registrant shall retain proof of fulfillment of the mandatory continuing education
program requirements and shall retain the completed form required by this
subsection for a period of three years after the end of the registration period
for which credit is claimed.
(2)
Upon written request, the Board may require a Registrant
to produce documentation to prove that the Registrant has complied with the
mandatory continuing education program requirements. If acceptable documentation
is not provided within thirty (30) days of request, claimed credit may be
disallowed. The Registrant shall have 180 calendar days after notification
of disallowance of credit to substantiate the original claim or earn other
CEPH credit to fulfill the minimum requirements. Such credit shall not be
used again for another registration period.
(f)
Failure to fulfill the annual continuing education program
requirements may result in disciplinary action by the Board.
(g)
Any Registrant who is found to have reported false information
regarding the Registrant's continuing education activities shall be subject
to disciplinary action by the Board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004839
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §1.101
The Texas Board of Architectural Examiners adopts new rule, §1.101,
concerning conditions under which an architect's professional seal must be
used. This new rule is adopted as a result of the agency's review of Title
22, Chapter 1, Subchapter F as mandated by Article IX of the General Appropriations
Act. The proposal to create this rule was published in the April 14, 2000
issue of the
Texas Register
, 25 TexReg 3148.
The section requires that every registered architect procure a seal and use
the seal to identify all Construction Documents prepared by the architect
or under the architect's Supervision and Control for use in Texas; that the
architect must personally authorize use of the seal; and that the architect
is responsible for the security of the seal. The new rule is being adopted
with changes. The changes involve sentence structure and capitalization of
defined terms.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 3 and Section 9 of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
§1.101.Seal Required.
Every registered Architect shall procure a seal that shall be used
to identify all Construction Documents prepared by the Architect or under
the Architect's Supervision and Control for use in Texas. The Architect must
personally authorize use of the seal. The Architect is responsible for the
security of the seal when not in use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004821
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §1.102
The Texas Board of Architectural Examiners adopts new rule, §1.102
concerning the design requirements for architectural seals. This new rule
is adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter
F as mandated by Article IX of the General Appropriations Act. The new section
sets forth that architects must use seals that will be permanently visible
on Construction Documents and that the design and dimensions of the seal itself
must conform to certain requirements. The proposal to create this rule was
published in the April 14, 2000 issue of the
Texas
Register
, 25 TexReg 3148. The new rule is adopted with changes. The
changes eliminate the phrase "except an electronic drawing file released pursuant
to Subsection 1.103" from the first paragraph and capitalize the title "Architect"
throughout.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 3 and Section 9 of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
§1.102.Type and Design.
(a)
An Architect must use a seal that will produce a permanent
facsimile of the seal, such as a rubber stamp, a decal, or a computer generated
image, on any Construction Document that is intended for duplication or dissemination.
An Architect may not use an impression or embossing seal.
(b)
The design of the seal shall be an exact replica of the
seal shown in this subsection and shall bear the words "Registered Architect,"
"State of Texas," the name of the Architect, and the Architect's registration
number.
Figure: 22 TAC §1.102(b)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004822
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §1.103
The Texas Board of Architectural Examiners adopts new rule, §1.103
concerning requirements for the use of the architect's seal. This new rule
is adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter
F as mandated by Article IX of the General Appropriations Act. The proposal
to create this rule was published in the April 14, 2000 issue of the
The new rule is adopted with changes. The changes include deleting the
following text from subsection (a)(4): "Renderings used as presentation documents
to communicate conceptual information only are not required to be sealed,
signed, or dated. However, the name and address of the architect responsible
for the preparation of the presentation documents shall be clearly identified
on the documents." The phrase "interim review" in subsection (b) was replaced
with "purposes other than regulatory approval, permit, or construction" in
order to specify the documents being discussed. A sentence was added to describe
the circumstances that would allow incomplete documents to be issued in electronic
format. Other wording changes were made in order to clarify subsection (b).
A new subsection (c) was added and all following subsections renumbered accordingly.
The new subsection (c) clarifies that all documents issued by architects must
either be sealed, signed, and dated or clearly marked as incomplete. In newly
labeled subsection (d), the phrase "The Architect's seal shall attest to the
Architect's coordination of the document with other documents for the project"
was replaced with "An Architect is not required to seal documents that have
been sealed by other licensed professionals." Other wording changes were made
in order to clarify subsection (d). In the statement that may be used as a
substitute for the Architect's signature set forth in newly labeled subsection
(f), the phrase "for regulatory approval, permit, or construction" was omitted,
and the statement was expanded to indicate that no person may modify the electronic
drawing file without the Architect's express written permission. In newly
labeled subsection (g), the length of time an Architect must maintain a sealed,
signed and dated copy of documents released for regulatory approval, permit,
or construction was clarified. In newly labeled subsection (h), item (1) was
omitted and the following material renumbered accordingly. In addition, the
references to other designers were changed to refer only to other licensed
design professionals. A new subsection, (i) was added that requires an Architect
to seal, sign, and date any feasibility study issued by the Architect for
use in Texas.
The Texas Board of Architectural Examiners received written comments from
one individual pertaining to this proposal. Those comments are summarized
as follows: If the intent of the revision to 1.103(d) is to allow the architect
to produce documents electronically and publish documents in a printed form
with the statement listed as a substitute for an original seal, thus allowing
an architect to send the documents to a reproduction company with the note
included on the documents and allow the printing company to print the documents
without returning them to the architect for the seal and signature, then it
would be an excellent improvement. On the other hand, if the intent is to
address only electronic information transmitted via disk, CD, or internet,
then the Board should further address this issue in an effort to expedite
the project delivery process. TBAE's response was that the Board previously
considered this issue and decided that an architect's personally signing each
sealed document helps ensure that the architect has personally approved each
sealed document and thus better protects the public.
The new rule is adopted pursuant to Section 3 and Section 9 of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
§1.103.Required Use.
(a)
Every registered Architect shall affix his/her seal, actual
signature (across the face of the seal's image), and date of signature to
all original Construction Documents which are prepared and issued under the
authorship or under the Supervision and Control of the Architect for use in
Texas. The Architect's seal, signature, and date must be visible on all copies
of original Construction Documents issued for use in Texas. Original Construction
Documents requiring a seal, signature, and date include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents or index that lists specifications
in bound groupings; any individual specification sheet that is not listed
in a table of contents or index must be sealed individually;
(3)
Each sheet that identifies the project and lists any sealed
Construction Documents, such as a title sheet, table of contents, or index;
and
(4)
Addenda, change orders, and supplemental documents.
(b)
Drawings and specifications considered incomplete by the
Architect may be used as presentation documents or issued for purposes other
than regulatory approval, permit, or construction without the Architect's
seal or signature affixed. All incomplete drawings and specifications issued
by an Architect must be dated, bear the Architect's name and registration
number, and be conspicuously marked to clearly indicate the documents are
incomplete and may not be used for regulatory approval, permit, or construction.
Incomplete documents issued pursuant to this subsection may be issued in electronic
format as long as the documents are dated, bear the Architect's name and registration
number, and are conspicuously marked to clearly indicate they are incomplete
and may not be used for regulatory approval, permit, or construction.
(c)
An Architect shall not issue drawings or specifications
unless they are sealed, signed, and dated pursuant to §1.103(a) or clearly
marked to indicate that they are incomplete and may not be used for regulatory
approval, permit, or construction pursuant to §1.103(b).
(d)
An Architect shall seal, sign, and date any document issued
for regulatory approval, permit, or construction which was prepared by a consultant
retained by the Architect who did not affix a professional seal to the document.
An Architect is not required to seal documents that have been sealed by other
licensed professionals.
(e)
Once documents bearing the Architect's seal are issued
from the Architect's office, the seal shall not be removed by any person.
(f)
An Architect may release electronic drawing files with
the following statement substituted for the Architect's signature: "This electronic
drawing file is released under the authority of {Architect's name, registration
number} on {date}, who maintains the original file. This electronic drawing
file may be used as a background drawing. Pursuant to Rule 1.103(f) of the
Rules and Regulations of the Texas Board of Architectural Examiners, the user
of this electronic drawing file agrees to assume all responsibility for any
modification to or use of this drawing file that is inconsistent with the
requirements of the Rules and Regulations of the Texas Board of Architectural
Examiners. No person may make any modification to this electronic drawing
file without the Architect's express written permission."
(g)
For every project wherein an Architect releases documents
for regulatory approval, permit, or construction, the Architect shall maintain
a sealed, signed, and dated paper or microform copy of such documents for
a minimum of 10 years from the date of substantial completion of the project.
(h)
Notwithstanding §1.105, an Architect may complete,
correct, revise, or add to the work of another licensed design professional
when engaged to do so by a client as long as all of the following conditions
are satisfied:
(1)
the licensed design professional responsible for the original
work is notified in writing by the Architect of the engagement immediately
upon acceptance of the engagement;
(2)
the work prepared by the Architect or under the Architect's
Supervision and Control shall be sealed by and be the responsibility of the
Architect; and
(3)
the Architect may not seal or take responsibility for the
work prepared by the other licensed design professional which was not prepared
under the Architect's Supervision and Control.
(i)
An Architect shall seal, sign, and date any feasibility
study issued by the Architect for use in Texas.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004823
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §1.104
The Texas Board of Architectural Examiners adopts new rule, §1.104
concerning restrictions on the use of the architect's seal. This new rule
is adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter
F as mandated by Article IX of the General Appropriations Act. The proposal
to create this rule was published in the April 14, 2000 issue of the
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 3 and Section 9 of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
§1.104.Prohibitions.
(a)
Notwithstanding §1.105, an Architect may not affix
his/her seal to any document unless the document was prepared by the Architect
or under the Architect's Supervision and Control.
(b)
No person, other than the Architect represented, shall
use or attempt to use an Architect's seal or shall modify documents bearing
an Architect's seal without first obtaining the express written authority
of the Architect represented and clearly indicating on the documents the extent
of the modifications made.
(c)
The use of signature reproductions such as rubber stamps
or computer generated or other facsimiles is not permitted in lieu of actual
signatures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004824
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §1.105
The Texas Board of Architectural Examiners adopts new rule, §1.105
concerning the architect's seal. This new rule is adopted as a result of the
agency's review of Title 22, Chapter 1, Subchapter F as mandated by Article
IX of the General Appropriations Act. The new section sets forth the conditions
under which an architect may adapt and seal prototypical Construction Documents
prepared by another duly licensed architect. The section requires that the
prototypical design is used in two or more locations; that the design is properly
reviewed and modified; that the architect take proper responsibility for and
seal the modified design; and that the architect maintain a copy of the complete
original set of prototypical plans and specifications bearing the original
architect's seal for ten (10) years. The proposal to create this rule was
published in the April 14, 2000 issue of the
Texas
Register
, 25 TexReg 3151. The new rule is adopted with changes. The
changes include deleting the requirement that the original prototypical design
must have been prepared by a licensed architect, clarifying subsection (b)
to indicate that the length of time an Architect must maintain a copy of a
complete original set of prototypical plans and specifications bearing the
original architect's seal is ten years from the date of substantial completion
of the project for which the adapting Architect is responsible and capitalizing
the title "Architect" throughout the rule.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 3 and Section 9 of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
architects to seal drawings and specifications.
§1.105.Prototypical Design.
(a)
An Architect may adapt and seal prototypical Construction
Documents prepared by another person only if all of the following conditions
are satisfied:
(1)
The prototypical design has been used in multiple locations;
(2)
The adapting Architect notifies the original architect
in writing via certified mail that the adapting Architect has been engaged
to adapt the plans and specifications so that the project may be built at
a specific location in Texas;
(3)
The adapting Architect thoroughly reviews and makes appropriate
changes to all aspects of the prototypical design to adapt the prototypical
design to the specific site and ensure compliance with all applicable codes;
(4)
The adapting Architect seals all pages of the adapted prototypical
plans in the same manner as described in §1.103(a) of this subchapter
for original Construction Documents; and
(5)
The adapting Architect accepts full responsibility for
all Construction Documents on which the adapting Architect's seal is placed.
(b)
The adapting Architect shall maintain a copy of the complete
original set of prototypical plans and specifications bearing the original
Architect's seal for at least ten (10) years from the date of substantial
completion of the project for which the adapting Architect is responsible.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004825
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §1.211
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 1, Subchapter K, §1.211 concerning when the services of a
registered architect are required. The section sets forth the conditions under
which an architect is required to prepare plans, specifications, addenda,
change orders, and supplementary instructions for privately-owned new or altered
buildings constructed in the State of Texas. The section is being adopted
with changes. The changes correct punctuation and capitalization errors. The
proposal to amend this rule was published in the March 31, 2000, issue of
the
Texas Register
(25 TexReg 2743).
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The amendment is adopted under Section 3(b) and Section 1 of
the Architects' Registration Law, Article 249a, Vernon's Texas Civil Statutes,
which provide the Texas Board of Architectural Examiners with authority to
promulgate rules necessary to restrict the practice of architecture to duly
registered architects.
§1.211.Privately Owned Buildings.
Construction Documents for all privately-owned new or altered buildings
constructed in the State of Texas shall be prepared under the supervision
of an Architect unless the project is excepted from this requirement pursuant
to either Section 10 or Section 14 of the Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004888
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 3, 2000
Proposal publication date: March 31, 2000
For further information, please call: (512) 305-8535
22 TAC §1.212
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 1, Subchapter K, §1.212 concerning when the services of a
registered architect are required. The section sets forth the conditions under
which an architect is required to prepare plans, specifications, addenda,
change orders, and supplementary instructions for publicly-owned new or altered
buildings constructed in the State of Texas. The proposal to amend this rule
was published in the March 31, 2000, issue of the
Texas Register
(25 TexReg 2743). The amendment is adopted with changes.
The change is the elimination of the word "Architectural" from the phrase
"Architectural Construction Documents" in the last paragraph of the section.
The effect of this amendment will be that persons affected by the corresponding
statutory section will have a better understanding of their rights and their
obligations.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The amendment is adopted under Section 3(b) and Section 1 of
the Architects' Registration Law, Article 249a, Vernon's Texas Civil Statutes,
which provide the Texas Board of Architectural Examiners with authority to
promulgate rules necessary to restrict the practice of architecture to duly
registered architects.
§1.212.Publicly Owned Buildings.
(a)
Construction Documents for new buildings constructed and
owned by any public entity where the total construction cost when construction
commenced exceeds $100,000 shall be prepared under the supervision of an Architect,
unless the project is excepted from this requirement pursuant to either Section
10 or Section 14 of the Act, if the building is intended for any of the following
occupancy uses:
(1)
education: the use of a building at any time for instructional
purposes;
(2)
assembly: the use of a building for the gathering together
of persons for purposes such as civic, social, or religious functions or for
recreation, food or drink consumption, or awaiting transportation;
(3)
office occupancy: the use of a building for business, professional,
or service type transactions including normal accessory storage and the keeping
of records and accounts.
(b)
Construction Documents for any alteration or addition to
an existing building owned by any public entity where the total construction
cost when construction commenced exceeds $50,000 and the alteration or addition
requires the removal, relocation, or addition of any walls or partitions or
the alteration or addition of an exit shall be prepared under the supervision
of an Architect if the building is intended for any of the uses listed in
subsection (a) of this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004889
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 3, 2000
Proposal publication date: March 31, 2000
For further information, please call: (512) 305-8535
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §3.72
The Texas Board of Architectural Examiners adopts new rule, §3.72
concerning continuing education program requirements. The new section sets
forth the continuing education program requirements for landscape architects.
The proposal to create this new rule was published in the April 14, 2000,
issue of the
Texas Register
(25 TexReg 3151).
The new rule is being adopted with changes. The changes to the new rule as
proposed are as follows: A sentence was added to subsection (a)(1) to stipulate
that no credit shall be awarded for the same structured course for which the
registrant has claimed credit during the preceding three years. A sentence
was added to subsection (a)(2) to require that self-directed study utilize
articles, monographs or other study materials that the registrant has not
previously utilized for self-directed study. The first sentence of subsection
(c)(4) was changed to stipulate that credit may be claimed for teaching landscape
architectural courses or seminars as long as the registrant has not previously
claimed credit for teaching the same course. The text in subsection (c)(9)
was deleted in order to eliminate education tours of landscape architecturally
significant projects from the list of activities that may qualify to fulfill
continuing education requirements. The wording of subsection (c)(10) was changed
to stipulate that a registrant must attend an entire full-day session of a
Texas Board of Architectural Examiners Board meeting in order to receive one
continuing education credit for the session. Subsection (d)(6) was added to
include registrants who are full-time faculty members or employees of an institution
of higher education and who are engaged in teaching landscape architecture
to the list of reasons for exempting a registrant from continuing education
requirements. Other changes were made throughout the rule to clarify the original
meaning of the rule as proposed.
Continuing education, as required by statutory changes enacted by the 76th
Texas Legislature, is expected to result in landscape architects' being better
qualified to practice their profession in a manner that minimizes risk to
life, health, property, and the public welfare.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 2(e) of Article 249a,
Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to implement continuing education requirements for architects, landscape
architects, and interior designers.
§3.72.Continuing Education Program Requirements
(a)
Each Registrant shall complete a minimum of eight continuing
education program hours (CEPH) during each annual registration period. One
CEPH shall represent a minimum of 50 minutes of actual course time. No credit
shall be awarded for introductory remarks, meals, breaks, or business/administration
matters related to courses of study.
(1)
Registrants shall complete a minimum of five CEPH in structured
course study. Structured course study shall consist of participation in educational
activities presented by individuals or groups qualified by professional, practical,
or academic experience to conduct courses of study. No credit shall be awarded
for the same structured course for which the Registrant has claimed credit
during the preceding three years.
(2)
Registrants may complete a maximum of three CEPH in self-directed
study. One CEPH shall represent one hour of self-directed study. Self-directed
study must utilize articles, monographs, or other study materials that the
Registrant has not previously utilized for self-directed study.
(b)
Topics for the eight CEPH shall satisfy the following requirements:
All CEPH shall include the study of relevant technical and professional landscape
architectural subjects pertinent to the health, safety, and welfare of the
public. The study of topics related to barrier-free design must be used to
satisfy the requirements for at least one of the eight CEPH.
(c)
The Board has final authority to determine whether to award
or deny credit claimed by a Registrant for continuing education activities.
The following types of activities may qualify to fulfill continuing education
program requirements:
(1)
Attendance at courses or seminars dealing with technical
landscape architectural subjects sponsored by colleges or universities;
(2)
Attendance at technical presentations or workshops on landscape
architectural subjects which are held in conjunction with conventions or seminars
and are related to materials use and function;
(3)
Attendance at courses or seminars related to ethical business
practices or new technology and offered by colleges, universities, professional
organizations, or system suppliers;
(4)
Three CEPH may be claimed per class hour spent teaching
landscape architectural courses or seminars as long as the Registrant has
not previously claimed credit for teaching the same course. College or university
faculty may not claim credit for teaching.
(5)
Hours spent in professional service to the general public
which draws upon the Registrant's professional expertise, such as serving
on planning commissions, building code advisory boards, urban renewal boards,
or code study committees;
(6)
Hours spent in landscape architectural research which is
published or formally presented to the profession or public during the annual
registration period;
(7)
Hours spent in landscape architectural self-directed study
programs such as those organized or sponsored by the American Society of Landscape
Architects, the Council of Landscape Architectural Registration Boards, or
similar organizations acceptable to the Board.
(8)
College or university credit courses dealing with landscape
architectural subjects or ethical business practices; each semester credit
hour shall equal one CEPH; each quarter credit hour shall equal one CEPH;
(9)
One CEPH may be claimed for attendance at one full-day
session of a meeting of the Texas Board of Architectural Examiners; a Registrant
must attend the entire full-day session in order to receive credit.
(d)
A Registrant may be exempt from the continuing education
requirements described in this subchapter for any of the following reasons:
(1)
A Registrant who is a first-time new Registrant by examination
or first-time Registrant by reciprocity shall be exempt for his/her initial
registration period, which shall not exceed one year;
(2)
An emeritus registrant shall be exempt for any registration
period during which the registrant's registration is in Emeritus Status, but
all continuing education credits for each period of emeritus registration
shall be completed before the registrant's registration may be returned to
active status;
(3)
An inactive registrant shall be exempt for any registration
period during which the registrant's registration is in inactive status, but
all continuing education credits for each period of inactive registration
shall be completed before the registrant's registration may be returned to
active status;
(4)
A Registrant who is not a full-time member of the Armed
Forces shall be exempt for any registration period during which the Registrant
serves on active duty in the Armed Forces of the United States for a period
of time exceeding 90 consecutive days;
(5)
A Registrant who has an active registration in another
jurisdiction that has registration requirements which are substantially similar
to Texas registration requirements and has a mandatory continuing education
program shall be exempt for any registration period during which the Registrant
satisfies such other jurisdiction's continuing education program requirements;
or
(6)
A Registrant who is, as of September 1, 1999, a full-time
faculty member or other permanent employee of an institution of higher education,
as defined in Section 61.003, Education Code, and who in such position is
engaged in teaching landscape architecture.
(e)
When renewing his/her annual registration, each Registrant
shall sign the statement on the renewal form attesting to the Registrant's
fulfillment of the mandatory continuing education program requirements during
the preceding registration period. A maximum of eight CEPH may be carried
from one registration period to the next.
(1)
A detailed record of the Registrant's continuing education
activities shall be recorded annually on a form provided by the Board. Each
Registrant shall retain proof of fulfillment of the mandatory continuing education
program requirements and shall retain the completed form required by this
subsection for a period of three years after the end of the registration period
for which credit is claimed.
(2)
Upon written request, the Board may require a Registrant
to produce documentation to prove that the Registrant has complied with the
mandatory continuing education program requirements. If acceptable documentation
is not provided within 30 days of request, claimed credit may be disallowed.
The Registrant shall have 180 calendar days after notification of disallowance
of credit to substantiate the original claim or earn other CEPH credit to
fulfill the minimum requirements. Such credit shall not be used again for
another registration period
(f)
Failure to fulfill the annual continuing education program
requirements may result in disciplinary action by the Board.
(g)
Any Registrant who is found to have reported false information
regarding the Registrant's continuing education activities shall be subject
to disciplinary action by the Board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004840
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 308-8535
22 TAC §3.101
The Texas Board of Architectural Examiners adopts new rule, §3.101
concerning conditions under which a landscape architect's professional seal
must be used. This new rule is adopted as a result of the agency's review
of Title 22, Chapter 3, Subchapter F as mandated by Article IX of the General
Appropriations Act. The proposal to create this rule was published in the
April 14, 2000 issue of the
Texas Register
(25 TexReg 3153). The section requires that every registered landscape architect
procure a seal and use the seal to identify all Construction Documents prepared
by the landscape architect or under the landscape architect's Supervision
and Control for use in Texas; that the landscape architect must personally
authorize use of the seal; and that the landscape architect is responsible
for the security of the seal. The new rule is adopted with changes. The changes
involve sentence structure and capitalization of defined terms.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 4 and Section 8D
of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
landscape architects to seal drawings and specifications.
§3.101.Seal Required.
Every registered Landscape Architect shall procure a seal that shall
be used to identify all Construction Documents prepared by the Landscape Architect
or under the Landscape Architect's Supervision and Control for use in Texas.
The Landscape Architect must personally authorize use of the seal. The Landscape
Architect is responsible for the security of the seal when not in use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004826
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §3.102
The Texas Board of Architectural Examiners adopts new rule, §3.102
concerning the design requirements for landscape architectural seals. This
new rule is adopted as a result of the agency's review of Title 22, Chapter
3, Subchapter F as mandated by Article IX of the General Appropriations Act.
The new section sets forth that landscape architects must use seals that will
be permanently visible on Construction Documents and that the design and dimensions
of the seal itself must conform to certain requirements. The proposal to create
this rule was published in the April 14, 2000 issue of the
Texas Register
(25 TexReg 3153). The new rule is adopted with changes.
The changes involve correcting punctuation and capitalizing the title "Landscape
Architect" throughout the rule.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 4 and Section 8D
of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
landscape architects to seal drawings and specifications.
§3.102. Type and Design.
(a)
A Landscape Architect must use a seal that will produce
a permanent facsimile of the seal, such as a rubber stamp, a decal, or a computer
generated image, on any Construction Document that is intended for duplication
or dissemination. A Landscape Architect may not use an impression or embossing
seal.
(b)
The design of the seal shall be an exact replica of the
seal shown in this subsection and shall bear the words "Registered Landscape
Architect," "State of Texas," the name of the Landscape Architect, and the
Landscape Architect's registration number.
Figure: 22 TAC §3.102(b)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004827
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §3.103
The Texas Board of Architectural Examiners adopts a new §3.103
concerning requirements for the use of the landscape architect's seal. This
new rule is adopted as a result of the agency's review of Title 22, Chapter
3, Subchapter F as mandated by Article IX of the General Appropriations Act.
The proposal to create this rule was published in April 14, 2000, issue of
the
Texas Register
(25 TexReg 3154).
The new rule is adopted with changes. The changes include deleting the
following text from subsection (a)(4): "Renderings used as presentation documents
to communicate conceptual information only are not required to be sealed,
signed, or dated. However, the name and address of the Landscape Architect
responsible for the preparation of the presentation documents shall be clearly
identified on the documents." The phrase "interim review" in subsection (b)
was replaced with "purposes other than regulatory approval, permit, or construction"
in order to specify the documents being discussed. A sentence was added to
describe the circumstances that would allow incomplete documents to be issued
in electronic format. Other wording changes were made in order to clarify
subsection (b). A new subsection (c) was added and all following subsections
renumbered accordingly. The new subsection (c) clarifies that all documents
issued by landscape architects must either be sealed, signed, and dated or
clearly marked as incomplete. In newly labeled subsection (d), the phrase
"The Landscape Architect's seal shall attest to the Landscape Architect's
coordination of the document with other documents for the project" was replaced
with "A Landscape Architect is not required to seal documents that have been
sealed by other licensed professionals." Other wording changes were made in
order to clarify subsection (d). In the statement that may be used as a substitute
for the Landscape Architect's signature set forth in newly labeled subsection
(f), the phrase "for regulatory approval, permit, or construction" was omitted,
and the statement was expanded to indicate that no person may modify the electronic
drawing file without the Landscape Architect's express written permission.
In newly labeled subsection (g), the length of time a Landscape Architect
must maintain a sealed, signed and dated copy of documents released for regulatory
approval, permit, or construction was clarified. In newly labeled subsection
(h), paragraph (1) was omitted and the following material renumbered accordingly.
In addition, the references to other designers were changed to refer only
to other licensed design professionals. A new subsection (i) was added that
requires a Landscape Architect to seal, sign, and date any feasibility study
issued by the Landscape Architect for use in Texas.
The new section requires a landscape architect to seal, sign, and date
Construction Documents and lists the specific types of documents affected
by the requirement. It also specifies the limited circumstances under which
a landscape architect may issue unsealed documents. It prohibits removal of
the seal from any document issued from the landscape architect's office. The
section provides a method for sealing electronic drawing files and issuing
them with a certain disclaimer substituted for the landscape architect's signature.
It requires that a landscape architect maintain a sealed, signed, and dated
paper or microform copy of all Construction Documents for a minimum of 10
years. It sets forth the conditions under which a landscape architect, working
as a third party, may complete, correct, revise, or add to the work of other
licensed design professionals. It modifies the requirement that landscape
architects seal documents sealed by their consultants by stating that landscape
architects must seal only documents issued by their consultants who do not
seal the documents. It also requires landscape architects to seal, sign, and
date feasibility studies.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 4 and Section 8D
of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
landscape architects to seal drawings and specifications.
§3.103.Required Use.
(a)
Every registered Landscape Architect shall affix his/her
seal, actual signature (under the seal's image), and date of signature to
all original Construction Documents which are prepared and issued under the
authorship or under the Supervision and Control of the Landscape Architect
for use in Texas. The Landscape Architect's seal, signature, and the date
must be visible on all copies of original Construction Documents issued for
use in Texas. Original Construction Documents requiring seal, signature, and
date include the following:
(1)
Each sheet of drawings, including maps, plans, and other
designs;
(2)
Each table of contents or index that lists specifications
in bound groupings; any individual specification sheet that is not listed
in a table of contents or index must be sealed individually;
(3)
Each sheet that identifies the project and lists any sealed
Construction Documents, such as a title sheet, table of contents, or index;
and
(4)
Addenda, change orders, and supplemental documents.
(b)
Drawings and specifications considered incomplete by the
Landscape Architect may be used as presentation documents or issued for purposes
other than regulatory approval, permit, or construction without the Landscape
Architect's seal or signature affixed. All incomplete drawings and specifications
issued by a Landscape Architect must be dated, bear the Landscape Architect's
name and registration number, and be conspicuously marked to indicate the
documents are incomplete and may not be used for regulatory approval, permit,
or construction. Incomplete documents issued pursuant to this subsection may
be issued in electronic format as long as the documents are dated, bear the
Landscape Architect's name and registration number, and are conspicuously
marked to clearly indicate they are incomplete and may not be used for regulatory
approval, permit, or construction.
(c)
A Landscape Architect shall not issue drawings or specifications
unless they are sealed, signed, and dated pursuant to subsection (a) of this
section or clearly marked to indicate that they are incomplete and may not
be used for regulatory approval, permit, or construction pursuant to subsection
(b) of this section.
(d)
A Landscape Architect shall seal, sign, and date any document
issued for regulatory approval, permit, or construction which was prepared
by a consultant retained by the Landscape Architect who did not affix a professional
seal to the document. A Landscape Architect is not required to seal documents
that have been sealed by other licensed professionals.
(e)
Once documents bearing the Landscape Architect's seal are
issued from the Landscape Architect's office, the seal shall not be removed
by any person.
(f)
A Landscape Architect may release electronic drawing files
with the following statement substituted for the Landscape Architect's signature:
(g)
For every project wherein a Landscape Architect releases
documents for regulatory approval, permit, or construction, the Landscape
Architect shall maintain a sealed, signed, and dated paper or microform copy
of such documents for a minimum of 10 years from the date of substantial completion
of the project.
(h)
A Landscape Architect may complete, correct, revise, or
add to the work of another licensed design professional when engaged to do
so by a client as long as all of the following conditions are satisfied:
(1)
the licensed design professional responsible for the original
work is notified in writing by the Landscape Architect of the engagement immediately
upon acceptance of the engagement;
(2)
the work prepared by the Landscape Architect or under the
Landscape Architect's Supervision and Control shall be sealed by and be the
responsibility of the Landscape Architect; and
(3)
the Landscape Architect may not seal or take responsibility
for the work prepared by the other licensed design professional which was
not prepared under the Landscape Architect's Supervision and Control.
(i)
A Landscape Architect shall seal, sign, and date any feasibility
study issued by the Landscape Architect for use in Texas.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004828
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §3.104
The Texas Board of Architectural Examiners adopts a new §3.104
concerning restrictions on the use of the landscape architect's seal. This
new rule is adopted as a result of the agency's review of Title 22, Chapter
3, Subchapter F as mandated by Article IX of the General Appropriations Act.
The proposal to create this rule was published in the April 14, 2000 issue
of the
Texas Register
(25 TexReg 3155). The
new rule is adopted with changes. The changes involve capitalizing the title
"Landscape Architect" throughout the rule.
The new section prohibits a landscape architect from affixing his/her seal
to any document that was not prepared by the landscape architect or under
the landscape architect's Supervision and Control. The section prohibits anyone,
except the landscape architect represented, from using or attempting to use
a landscape architect's seal, modifying documents bearing a landscape architect's
seal without first obtaining the express written authority of the landscape
architect represented, and clearly indicating on the documents the extent
of the modifications made. The section prohibits the use of signature reproductions
such as rubber stamps or computer generated or other facsimiles in lieu of
actual signatures.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 4 and Section 8D
of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
landscape architects to seal drawings and specifications.
§3.104.Prohibitions.
(a)
A Landscape Architect may not affix his/her seal to any
document unless the document was prepared by the Landscape Architect or under
the Landscape Architect's Supervision and Control.
(b)
No person, other than the Landscape Architect represented,
shall use or attempt to use a Landscape Architect's seal or shall modify documents
bearing a Landscape Architect's seal without first obtaining the express written
authority of the Landscape Architect represented and clearly indicating on
the documents the extent of the modifications made.
(c)
The use of signature reproductions such as rubber stamps
or computer generated or other facsimiles is not permitted in lieu of actual
signatures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004829
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §3.105
The Texas Board of Architectural Examiners adopts new §3.105
concerning the landscape architect's seal. This new rule is adopted as a result
of the agency's review of Title 22, Chapter 3, Subchapter F as mandated by
Article IX of the General Appropriations Act. The proposal to create this
rule was published in the April 14, 2000, issue of the
Texas Register
(25 TexReg 3156). The new rule is adopted with changes.
The changes involve capitalizing the term "Landscape Architect" throughout
the rule and correcting punctuation.
This new section requires that a landscape architect provide a written
Statement of Jurisdiction to each and every client for whom the landscape
architect renders landscape architectural services in Texas. It specifies
what the Statement of Jurisdiction shall say and recommends where it be placed.
The section sets forth the actions a landscape architect must take if he or
she becomes aware of a course of action taken against the landscape architect's
advice which may violate applicable state or local building laws or regulations
and which is likely in the landscape architect's judgment to have a material
adverse effect on the safe use of the completed project.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 4 and Section 8C
of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules that require
landscape architects to provide clients with a statement regarding the Board's
jurisdiction and information about contacting the Board.
§3.105.Other Professional Responsibilities.
(a)
A Landscape Architect shall provide a written Statement
of Jurisdiction to each and every client for whom the Landscape Architect
renders landscape architectural services in Texas.
(1)
The Statement of Jurisdiction shall say, "The Texas Board
of Architectural Examiners has jurisdiction over complaints regarding the
professional practices of persons registered as Landscape Architects in Texas,"
and shall include the Board's current mailing address and telephone number.
(2)
The Board recommends that the Statement of Jurisdiction
be placed on the last page of the written agreement for landscape architectural
services. In the absence of a written agreement, the Statement of Jurisdiction
shall be otherwise presented to each client in writing.
(3)
The Board recommends that the Statement of Jurisdiction
include the address of the Board's web site.
(b)
If, in the course of his/her work on a project, a Landscape
Architect becomes aware of a course of action taken against the Landscape
Architect's advice which may violate applicable state or local building laws
or regulations and which is likely, in the Landscape Architect's judgment,
to have a material adverse effect on the safe use of the completed project,
the Landscape Architect shall do the following:
(1)
report the course of action in writing to the owner, to
the local building official(s), and to other responsible parties; and
(2)
refuse to consent to the course of action.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004830
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
Subchapter B. REGISTRATION
22 TAC §5.31
The Texas Board of Architectural Examiners adopts new rule, §5.31
concerning requirements for individuals applying for registration as interior
designers. The new rule is being adopted with changes. The proposal to create
this rule was published in the March 31, 2000, issue of the
Texas Register
, 25 TexReg 2744. The new section sets forth the requirements
which must be met before an individual may take the National Council for Interior
Design Qualification Examination in the State of Texas. The changes involve
adding "or National Architectural Accreditation Board (NAAB)" to subsection
(a)(1) and including doctoral and master's degrees among the list of acceptable
educational credentials in subsection (a)(2).
The section will ensure that all individuals approved for registration
as interior designers in the State of Texas will have educational credentials
that meet the requirements determined necessary by the Board to protect the
health, safety, and welfare of the citizens of the State of Texas.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted under §5(d) and §9 of the Interior
Designers' Registration Law, Article 249e, Vernon's Texas Civil Statutes,
which provides the Texas Board of Architectural Examiners with authority to
promulgate rules necessary to the proper administration of the Act, including
rules regarding educational prerequisites to registration.
§5.31.Eligibility.
(a)
In order to obtain interior design registration by examination
in Texas, an Applicant shall demonstrate that the Applicant has a combined
total of six years of approved interior design education and experience. For
purposes of this section, an Applicant has "approved interior design education"
if:
(1)
The Applicant graduated from a program that has been granted
professional status by the Foundation for Interior Design Education Research
(FIDER) or the National Architectural Accreditation Board (NAAB);
(2)
The Applicant has a doctorate, a master's degree, or a
baccalaureate degree in interior design;
(3)
The Applicant has:
(A)
A baccalaureate degree in a field other than interior design,
and
(B)
An associate's degree or a two- or three-year certificate
from an interior design program at an institution accredited by an agency
recognized by the Texas Higher Education Coordinating Board;
(4)
The applicant has:
(A)
A baccalaureate degree in a field other than interior design,
and
(B)
An associate's degree or a two- or three-year certificate
from a foreign interior design program approved or accredited by an agency
acceptable to the Board;
(5)
The applicant applied on or before August 31, 2010, and
prior to that date, the applicant successfully completed:
(A)
At least six years of actual experience working under the
direct supervision of a registered interior designer or a registered architect,
(B)
An associate's degree in interior design from an institution
accredited by an agency recognized by the Texas Higher Education Coordinating
Board, and
(C)
Credit for the equivalent of at least 60 semester credit
hours toward any baccalaureate degree; or
(6)
The applicant applied on or before August 31, 2010, and
prior to that date, the Applicant successfully completed:
(A)
At least four years of actual experience working under
the direct supervision of a registered interior designer or a registered architect,
(B)
A FIDER accredited pre-professional assistant level program,
and
(C)
Credit for the equivalent of at least 60 semester credit
hours toward any baccalaureate degree.
(b)
If the Applicant commences completion of the educational
requirements for registration after September 1, 2006, the applicant must
graduate from a program that has been granted professional status by FIDER.
(c)
For purposes of this section, the term "approved interior
design education" does not include continuing education courses.
(d)
For purposes of this section, an applicant shall be considered
to have "commenced" his/her interior design education upon enrollment in an
acceptable interior design education program.
(e)
The Board shall evaluate the education and experience required
by Subsection (a) in accordance with the edition of the Table of Equivalents
for interior design in effect at the time the application is filed.
(f)
An Applicant who enrolled in an acceptable interior design
education program before September 1, 1999, shall be subject to the rules
and regulations relating to educational and experiential requirements as they
existed on August 31, 1999.
(g)
An Applicant who filed an application for registration
without examination prior to August 31, 1994, is subject to the rules and
regulations relating to educational and experiential requirements in effect
at the time the application was filed. Such Applicant must complete the required
six years of experience on or before September 1, 2003, in order to be eligible
for registration without examination.
(h)
For purposes of this section, it is the Applicant's responsibility
to demonstrate to the Board the requisite education and experience.
(i)
Pursuant to the provisions of §231.302 of the Texas
Family Code, each applicant shall submit his/her social security number on
forms prescribed by the Board. Such information shall be considered confidential
as stated in 231.302(e) of the Texas Family Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004841
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: March 31, 2000
For further information, please call: (512) 305-8535
22 TAC §5.82
The Texas Board of Architectural Examiners proposes a new
rule, §5.82 concerning continuing education program requirements. The
new section sets forth the continuing education program requirements for interior
designers. The proposal to create this new rule was published in the April
14, 2000, issue of the
Texas Register
, 25
TexReg 3156. The new rule is being adopted with changes. The changes to the
new rule as proposed are as follows: A sentence was added to subsection (a)(1)
to stipulate that no credit shall be awarded for the same structured course
for which the registrant has claimed credit during the preceding three years.
A sentence was added to subsection (a)(2) to require that self-directed study
utilize articles, monographs or other study materials that the registrant
has not previously utilized for self-directed study. The first sentence of
subsection (c)(4) was changed to stipulate that credit may be claimed for
teaching interior design courses or seminars as long as the registrant has
not previously claimed credit for teaching the same course. The text in subsection
(c)(9) was deleted in order to eliminate education tours of significant interior
design projects from the list of activities that may qualify to fulfill continuing
education requirements. The wording of subsection (c)(10) was changed to stipulate
that a registrant must attend an entire full-day session of a Texas Board
of Architectural Examiners Board meeting in order to receive one continuing
education credit for the session. Subsection (d)(6) was added to include registrants
who are full-time faculty members or employees of an institution of higher
education and who are engaged in teaching interior design to the list of reasons
for exempting a registrant from continuing education requirements. Other changes
were made throughout the rule to clarify the original meaning of the rule
as proposed.
Continuing education, as required by statutory changes enacted by the 76th
Texas Legislature is expected to result in interior designers' being better
qualified to practice their profession in a manner that minimizes risk to
life, health, property, and the public welfare.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to Section 2(e) of Article 249a,
Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to implement continuing education requirements for architects, landscape
architects, and interior designers.
§5.82.Continuing Education Program Requirements.
(a)
Each Registrant shall complete a minimum of eight (8) continuing
education program hours (CEPH) during each annual registration period. One
CEPH shall represent a minimum of 50 minutes of actual course time. No credit
shall be awarded for introductory remarks, meals, breaks, or business/administration
matters related to courses of study.
(1)
Registrants shall complete a minimum of five (5) CEPH in
structured course study. Structured course study shall consist of participation
in educational activities presented by individuals or groups qualified by
professional, practical, or academic experience to conduct courses of study.
No credit shall be awarded for the same structured course for which the Registrant
has claimed credit during the preceding three (3) years.
(2)
Registrants may complete a maximum of three (3) CEPH in
self-directed study. One (1) CEPH shall represent one (1) hour of self-directed
study. Self-directed study must utilize articles, monographs, or other study
materials that the Registrant has not previously utilized for self-directed
study.
(b)
Topics for the eight (8) CEPH shall satisfy the following
requirements: All CEPH shall include the study of relevant technical and professional
interior design subjects pertinent to the health, safety, and welfare of the
public. The study of topics related to barrier-free design must be used to
satisfy the requirements for at least one (1) of the eight (8) CEPH.
(c)
The Board has final authority to determine whether to award
or deny credit claimed by a Registrant for continuing education activities.
The following types of activities may qualify to fulfill continuing education
program requirements:
(1)
Attendance at courses or seminars dealing with technical
interior design subjects sponsored by colleges or universities;
(2)
Attendance at technical presentations or workshops on interior
design subjects which are held in conjunction with conventions or seminars
and are related to materials use and function;
(3)
Attendance at courses or seminars related to ethical business
practices or new technology and offered by colleges, universities, professional
organizations, or system suppliers;
(4)
Three (3) CEPH may be claimed per class hour spent teaching
interior design courses or seminars as long as the Registrant has not previously
claimed credit for teaching the same course. College or university faculty
may not claim credit for teaching.
(5)
Hours spent in professional service to the general public
which draws upon the Registrant's professional expertise, such as serving
on planning commissions, building code advisory boards, urban renewal boards,
or code study committees;
(6)
Hours spent in interior design research which is published
or formally presented to the profession or public during the annual registration
period;
(7)
Hours spent in interior design self-directed study programs
such as those organized or sponsored by the American Society for Interior
Design, the International Interior Design Association, the National Council
for Interior Design Education and Research, or similar organizations acceptable
to the Board.
(8)
College or university credit courses dealing with interior
design subjects or ethical business practices; each semester credit hour shall
equal one (1) CEPH; each quarter credit hour shall equal one (1) CEPH;
(9)
One (1) CEPH may be claimed for attendance at one (1) full-day
session of a meeting of the Texas Board of Architectural Examiners; a Registrant
must attend the entire full-day session in order to receive credit.
(d)
A Registrant may be exempt from the continuing education
requirements described in this subchapter for any of the following reasons:
(1)
A Registrant who is a first-time new Registrant by examination
or first-time Registrant by reciprocity shall be exempt for his/her initial
registration period, which shall not exceed one year;
(2)
An emeritus registrant shall be exempt for any registration
period during which the registrant's registration is in Emeritus Status, but
all continuing education credits for each period of emeritus registration
shall be completed before the registrant's registration may be returned to
active status;
(3)
An inactive registrant shall be exempt for any registration
period during which the registrant's registration is in inactive status, but
all continuing education credits for each period of inactive registration
shall be completed before the registrant's registration may be returned to
active status;
(4)
A Registrant who is not a full-time member of the Armed
Forces shall be exempt for any registration period during which the Registrant
serves on active duty in the Armed Forces of the United States for a period
of time exceeding ninety (90) consecutive days;
(5)
A Registrant who has an active registration in another
jurisdiction that has registration requirements which are substantially similar
to Texas registration requirements and has a mandatory continuing education
program shall be exempt for any registration period during which the Registrant
satisfies such other jurisdiction's continuing education program requirements;
or
(6)
A Registrant who is, as of September 1, 1999, a full-time
faculty member or other permanent employee of an institution of higher education,
as defined in §61.003, Education Code, and who in such position is engaged
in teaching interior design.
(e)
When renewing his/her annual registration, each Registrant
shall sign the statement on the renewal form attesting to the Registrant's
fulfillment of the mandatory continuing education program requirements during
the preceding registration period. A maximum of eight (8) CEPH may be carried
from one registration period to the next.
(1)
A detailed record of the Registrant's continuing education
activities shall be recorded annually on a form provided by the Board. Each
Registrant shall retain proof of fulfillment of the mandatory continuing education
program requirements and shall retain the completed form required by this
subsection for a period of three years after the end of the registration period
for which credit is claimed.
(2)
Upon written request, the Board may require a Registrant
to produce documentation to prove that the Registrant has complied with the
mandatory continuing education program requirements. If acceptable documentation
is not provided within thirty (30) days of request, claimed credit may be
disallowed. The Registrant shall have 180 calendar days after notification
of disallowance of credit to substantiate the original claim or earn other
CEPH credit to fulfill the minimum requirements. Such credit shall not be
used again for another registration period.
(f)
Failure to fulfill the annual continuing education program
requirements may result in disciplinary action by the Board.
(g)
Any Registrant who is found to have reported false information
regarding the Registrant's continuing education activities shall be subject
to disciplinary action by the Board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004842
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §5.111
The Texas Board of Architectural Examiners adopts a new rule, §5.111
concerning conditions under which an interior designer's professional seal
must be used. This new rule is adopted as a result of the agency's review
of Title 22, Chapter 5, Subchapter F as mandated by Article IX of the General
Appropriations Act. The proposal to create this rule was published in the
April 14, 2000, issue of the
Texas Register
,
25 TexReg 3158. The section requires that every registered interior designer
procure a seal and use the seal to identify all Construction Documents prepared
by the interior designer or under the interior designer's Supervision and
Control for use in Texas; that the interior designer must personally authorize
use of the seal; and that the interior designer is responsible for the security
of the seal. The new rule is adopted with changes. The changes involve sentence
structure and capitalization of defined terms.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to §5 and §13 of Article
249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require interior designers
to seal drawings and specifications.
§5.111.Seal Required.
Every registered Interior Designer shall procure a seal that shall
be used to identify all Construction Documents prepared by the Interior Designer
or under the Interior Designer's Supervision and Control for use in Texas.
The Interior Designer must personally authorize use of the seal. The Interior
Designer is responsible for the security of the seal when not in use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004831
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §5.112
The Texas Board of Architectural Examiners adopts a new rule, §5.112
concerning the design requirements for interior designer seals. The new section
sets forth that interior designers must use seals that will be permanently
visible on Construction Documents and that the design and dimensions of the
seal itself must conform to certain requirements. This new rule is adopted
as a result of the agency's review of Title 22, Chapter 5, Subchapter F as
mandated by Article IX of the General Appropriations Act. The proposal to
create this rule was published in the April 14, 2000, issue of the
Texas Register
, 25 TexReg 3159. The new rule is adopted with changes.
The changes involve eliminating the phrase "on documents intended for duplication
or dissemination" in the second sentence of the first paragraph, eliminating
the sentence "The use of preprinted forms or documents bearing a preprinted
facsimile of the seal is prohibited," and capitalizing the title "Interior
Designer" throughout the rule. The blank lines shown as part of the seal were
eliminated.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to §5 and §13 of Article
249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require interior designers
to seal drawings and specifications.
§5.112.Type and Design.
(a)
An Interior Designer must use a seal that will produce
a permanent facsimile of the seal, such as a rubber stamp, a decal, or a computer
generated image, on any Construction Document that is intended for duplication
or dissemination. An Interior Designer may not use an impression or embossing
seal.
(b)
The design of the seal shall be an exact replica of the
seal shown in this subsection and shall bear the words "Registered Interior
Designer," "State of Texas," the name of the Interior Designer, and the Interior
Designer's registration number.
Figure: 22 TAC §5.112(b)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004832
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §5.113
The Texas Board of Architectural Examiners adopts new rule, §5.113
concerning requirements for the use of the interior designer's seal. This
new rule is adopted as a result of the agency's review of Title 22, Chapter
5, Subchapter F as mandated by Article IX of the General Appropriations Act.
The proposal to create this rule was published in the April 14, 2000, issue
of the
Texas Register
, 25 TexReg 3159. The
new section requires an interior designer to seal, sign, and date Construction
Documents and lists the specific types of documents affected by the requirement.
It also specifies the limited circumstances under which an interior designer
may issue unsealed documents. It prohibits removal of the seal from any document
issued from the interior designer's office. The section provides a method
for sealing electronic drawing files and issuing them with a certain disclaimer
substituted for the interior designer's signature. It requires that an interior
designer maintain a sealed, signed, and dated paper or microform copy of all
Construction Documents for a minimum of 10 years. It sets forth the conditions
under which an interior designer, working as a third party, may complete,
correct, revise, or add to the work of other licensed design professionals.
It modifies the requirement that interior designers seal documents sealed
by their consultants by stating that interior designers must seal only documents
issued by their consultants who do not seal the documents. It also requires
interior designers to seal, sign, and date feasibility studies.
The new rule is adopted with changes. The changes include deleting the
following text from subsection (a)(4): "Renderings used as presentation documents
to communicate conceptual information only are not required to be sealed,
signed, or dated. However, the name and address of the Interior Designer responsible
for the preparation of the presentation documents shall be clearly identified
on the documents." The phrase "interim review" in subsection (b) was replaced
with "purposes other than regulatory approval, permit, or construction" in
order to specify the documents being discussed. A sentence was added to describe
the circumstances that would allow incomplete documents to be issued in electronic
format. Other wording changes were made in order to clarify subsection (b).
A new subsection (c) was added and all following subsections renumbered accordingly.
The new subsection (c) clarifies that all documents issued by interior designers
must either be sealed, signed, and dated or clearly marked as incomplete.
In newly labeled subsection (d), the phrase "The Interior Designer's seal
shall attest to the Interior Designer's coordination of the document with
other documents for the project" was replaced with "An Interior Designer is
not required to seal documents that have been sealed by other licensed professionals."
Other wording changes were made in order to clarify subsection (d). In the
statement that may be used as a substitute for the Interior Designer's signature
set forth in newly labeled subsection (f), the phrase "for regulatory approval,
permit, or construction" was omitted, and the statement was expanded to indicate
that no person may modify the electronic drawing file without the Interior
Designer's express written permission. In newly labeled subsection (g), the
length of time an Interior Designer must maintain a sealed, signed and dated
copy of documents released for regulatory approval, permit, or construction
was clarified. In newly labeled subsection (h), item (1) was omitted and the
following material renumbered accordingly. In addition, the references to
other designers were changed to refer only to other licensed design professionals.
A new subsection (i) was added that requires an Interior Designer to seal,
sign, and date any feasibility study issued by the Interior Designer for use
in Texas.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to §5 and §13 of Article
249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require interior designers
to seal drawings and specifications.
§5.113.Required Use.
(a)
Every registered Interior Designer shall affix his/her
seal, actual signature (under the face of the seal's image), and date of signature
to all original Construction Documents which are prepared and issued under
the authorship or under the Supervision and Control of the Interior Designer
for use in Texas. The Interior Designer's seal, signature, and date must be
visible on all copies of original Construction Documents issued for use in
Texas. Original Construction Documents requiring a seal, signature, and date
include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents or index that lists specifications
in bound groupings; any individual specification sheet that is not listed
in a table of contents or index must be sealed individually;
(3)
Each sheet that identifies the project and lists any sealed
Construction Documents, such as a title sheet, table of contents, or index;
and
(4)
Addenda, change orders, and supplemental documents.
(b)
Drawings and specifications considered incomplete by the
Interior Designer may be used as presentation documents or issued for purposes
other than regulatory approval, permit, or construction without the Interior
Designer's seal or signature affixed. All incomplete drawings and specifications
issued by an Interior Designer must be dated, bear the Interior Designer's
name and registration number, and be conspicuously marked to clearly indicate
the documents are incomplete and may not be used for regulatory approval,
permit, or construction. Incomplete documents issued pursuant to this subsection
may be issued in electronic format as long as the documents are dated, bear
the Interior Designer's name and registration number, and are conspicuously
marked to clearly indicate they are incomplete and may not be used for regulatory
approval, permit, or construction.
(c)
An Interior Designer shall not issue drawings or specifications
unless they are sealed, signed, and dated pursuant to §5.113(a) or clearly
marked to indicate that they are incomplete and may not be used for regulatory
approval, permit, or construction pursuant to §5.113(b).
(d)
An Interior Designer shall seal, sign, and date any document
issued for regulatory approval, permit, or construction which was prepared
by a consultant retained by the Interior Designer who did not affix a professional
seal to the document. An Interior Designer is not required to seal documents
that have been sealed by other licensed professionals.
(e)
Once documents bearing the Interior Designer's seal are
issued from the Interior Designer's office, the seal shall not be removed
by any person.
(f)
An Interior Designer may release electronic drawing files
with the following statement substituted for the Interior Designer's signature:
"This electronic drawing file is released under the authority of {Interior
Designer's name, registration number} on {date}, who maintains the original
file. This electronic drawing file may be used as a background drawing. Pursuant
to Rule 5.113(f) of the Rules and Regulations of the Texas Board of Architectural
Examiners, the user of this electronic drawing file agrees to assume all responsibility
for any modification to or use of this drawing file that is inconsistent with
the requirements of the Rules and Regulations of the Texas Board of Architectural
Examiners. No person may make any modification to this electronic drawing
file without the Interior Designer's express written permission."
(g)
For every project wherein an Interior Designer releases
documents for regulatory approval, permit, or construction, the Interior Designer
shall maintain a sealed, signed, and dated paper or microform copy of such
documents for a minimum of 10 years from the date of substantial completion
of the project.
(h)
An Interior Designer may complete, correct, revise, or
add to the work of another licensed design professional when engaged to do
so by a client as long as all of the following conditions are satisfied:
(1)
the licensed design professional responsible for the original
work is notified in writing by the Interior Designer of the engagement immediately
upon acceptance of the engagement;
(2)
the work prepared by the Interior Designer or under the
Interior Designer's Supervision and Control shall be sealed by and be the
responsibility of the Interior Designer; and
(3)
the Interior Designer may not seal or take responsibility
for the work prepared by the other licensed design professional which was
not prepared under the Interior Designer's Supervision and Control.
(i)
An Interior Designer shall seal, sign, and date any feasibility
study issued by the Interior Designer for use in Texas.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004833
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §5.114
The Texas Board of Architectural Examiners adopts new rule, §5.114
concerning restrictions on the use of the interior designer's seal. This new
rule is adopted as a result of the agency's review of Title 22, Chapter 5,
Subchapter F as mandated by Article IX of the General Appropriations Act.
The proposal to create this rule was published in the April 14, 2000, issue
of the
Texas Register
, 25 TexReg 3160. The
new section prohibits an interior designer from affixing his/her seal to any
document that was not prepared by the interior designer or under the interior
designer's Supervision and Control. The section prohibits anyone, except the
interior designer represented, from using or attempting to use an interior
designer's seal, modifying documents bearing an interior designer's seal without
first obtaining the express written authority of the interior designer represented,
and clearly indicating on the documents the extent of the modifications made.
The section prohibits the use of signature reproductions such as rubber stamps
or computer generated or other facsimiles in lieu of actual signatures. The
new rule is adopted with changes. The changes involve deleting the word "construction"
from the phrase "Construction Document" in subsection (a) and capitalizing
the title "Interior Designer" throughout the rule.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to §5 and §13 of Article
249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules that require interior designers
to seal drawings and specifications.
§5.114.Prohibitions.
(a)
An Interior Designer may not affix his/her seal to any
document unless the document was prepared by the Interior Designer or under
the Interior Designer's Supervision and Control.
(b)
No person, other than the Interior Designer represented,
shall use or attempt to use an Interior Designer's seal or shall modify documents
bearing an Interior Designer's seal without first obtaining the express written
authority of the Interior Designer represented and clearly indicating on the
documents the extent of the modifications made.
(c)
The use of signature reproductions such as rubber stamps
or computer generated or other facsimiles is not permitted in lieu of actual
signatures.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004834
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
22 TAC §5.115
The Texas Board of Architectural Examiners adopts new rule, §5.115
concerning the interior designer's seal. This new rule is adopted as a result
of the agency's review of Title 22, Chapter 5, Subchapter F as mandated by
Article IX of the General Appropriations Act. This new section requires that
an interior designer provide a written Statement of Jurisdiction to each and
every client for whom the interior designer renders interior design services
in Texas. It specifies what the Statement of Jurisdiction shall say and recommends
where it be placed. The section sets forth the actions an interior designer
must take if he or she becomes aware of a course of action taken against the
interior designer's advice which may violate applicable state or local building
laws or regulations and which is likely in the interior designer's judgment
to have a material adverse effect on the safe use of the completed project.
The proposal to create this rule was published in the April 14, 2000, issue
of the
Texas Register
, 25 TexReg 3161. The
new rule is adopted with changes. The changes involve capitalizing the term
"Interior Designer" throughout the rule and correcting punctuation.
The Texas Board of Architectural Examiners did not receive any written
comments pertaining to this proposal.
The new rule is adopted pursuant to §5 of Article 249e,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules to enhance and protect the public's
health, safety, and welfare.
§5.115.Other Professional Responsibilities.
(a)
An Interior Designer shall provide a written Statement
of Jurisdiction to each and every client for whom the Interior Designer renders
interior design services in Texas.
(1)
The Statement of Jurisdiction shall say, "The Texas Board
of Architectural Examiners has jurisdiction over complaints regarding the
professional practices of persons registered as Interior Designers in Texas,"
and shall include the Board's current mailing address and telephone number.
(2)
The Board recommends that the Statement of Jurisdiction
be placed on the last page of the written agreement for interior design services.
In the absence of a written agreement, the Statement of Jurisdiction shall
be otherwise presented to each client in writing.
(3)
The Board recommends that the Statement of Jurisdiction
include the address of the Board's web site.
(b)
If, in the course of his/her work on a project, an Interior
Designer becomes aware of a course of action taken against the Interior Designer's
advice which may violate applicable state or local building laws or regulations
and which is likely, in the Interior Designer's judgment, to have a material
adverse effect on the safe use of the completed project, the Interior Designer
shall do the following:
(1)
report the course of action in writing to the owner, to
the local building official(s), and to other responsible parties; and
(2)
refuse to consent to the course of action.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004835
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: August 2, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 305-8535
Chapter 73.
LICENSES AND RENEWALS
22 TAC §73.7
The Texas Board of Chiropractic Examiners adopts an amendment
to §73.7(g)(3) relating to approved continuing education courses, without
changes to the proposed text as published in the June 9, 2000, issue of the
No comments were received concerning the proposed amendment.
The rule is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the act, and §201.356, which the board interprets
as authorizing it to adopt rules to develop a process to evaluate and approve
continuing education courses.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 17, 2000.
TRD-200004909
Gary K. Cain, Ed. D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: August 6, 2000
Proposal publication date: June 9, 2000
For further information, please call: (512) 305-6709
Chapter 273.
GENERAL RULES
22 TAC §273.4
The Texas Optometry Board adopts amendments to §273.4
without change to the proposed text published in the May 5, 2000, issue of
the
Texas Register
(25 TexReg 3900).
The amendments implement the changes to Article 4552-1.03 made by H.B.
1051, 76th Legislature, Regular Session, by setting an application fee for
the optometric glaucoma specialist license.
No comments were received regarding adoption of the amendments.
The amendment is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151, § 351.152, and Texas Revised Civil
Statutes, article 4552-1.03. The Texas Optometry Board interprets § 351.151
as authorizing the adoption of procedural and substantive rules for the regulation
of the optometric profession. The Board interprets § 351.308 as authorizing
the adoption of fees. The Board interprets article 4552-1.03 as authorizing
the licensure of optometric glaucoma specialists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004898
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
22 TAC §280.5
The Texas Optometry Board adopts amendments to §280.5
with the following change to the format of the proposed text published in
the May 5, 2000, issue of the
Texas Register
(25 TexReg 3901): a closed parenthesis after "Texas Occupations Code" in subsection
(b) has been added.
The amendments implement the changes to Article 4552-1.03 made by H.B.
1051, 76th Legislature, Regular Session, including the addition of anitvirals
to the list of drugs that therapeutic optometrists may administer and prescribe.
Citations to the Occupations Code are also being provided.
No comments were received regarding adoption of the amendments.
The amendment is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151 and Texas Revised Civil Statutes, article
4552-1.03. The Texas Optometry Board interprets § 351.151 as authorizing
the adoption of procedural and substantive rules for the regulation of the
optometric profession. The Board interprets article 4552-1.03 as defining
the drugs available for administering and prescribing by therapeutic optometrists.
§280.5.Prescription and Diagnostic Drugs for Therapeutic Optometry.
(a)
A therapeutic optometrist may administer and prescribe
any drug authorized by the Texas Optometry Act, Articles 4552-1.02 and 1.03,
as amended by House Bill 1051, 76th Legislature, Regular Session.
(b)
As specified in the Texas Pharmacy Act (§562.008 and §
563.002, Texas Occupations Code), written prescriptions shall be on a form
which contains two signature lines of equal prominence, side by side, at the
bottom of the form. Under either signature line shall be printed clearly the
words "product selection permitted", and under the other signature line shall
be printed clearly the words "dispense as written." A therapeutic optometrist
shall communicate dispensing instructions to a pharmacist by signing on the
appropriate line. If the therapeutic optometrist does not clearly indicate
that the prescription drug shall be dispensed as ordered, the pharmacist may
substitute a generically equivalent drug product in compliance with the Texas
Pharmacy Act.
(c)
All prescriptions shall contain the following information:
(1)
the date of issuance;
(2)
the name and address of the patient for whom the drug is
prescribed;
(3)
the name, strength, and quantity of the drug, medicine,
or device prescribed;
(4)
the direction for use of the drug, medicine, or device
prescribed;
(5)
the name written signature of the therapeutic optometrist;
(6)
the written signature of the prescribing therapeutic optometrist;
and
(7)
the license number of the prescribing therapeutic optometrist
including the therapeutic designation.
(d)
The prescribing therapeutic optometrist issuing oral prescription
drug orders shall furnish the same information required for a written prescription,
except for the written signature. If the therapeutic optometrist does not
clearly indicate that the prescription drug shall be dispensed as ordered,
the pharmacist may substitute a generically equivalent drug product in compliance
with the Texas Pharmacy Act.
(e)
A therapeutic optometrist may charge a reasonable fee for
drugs administered within the optometric office, but a therapeutic optometrist
shall not charge for any drugs supplied to the patient as take-home medication.
Any drug supplied by a therapeutic optometrist other than an over-the counter
drug shall be labeled in compliance with the following information in compliance
with the Texas Dangerous Drug Act (Health and Safety Code, Chapter 483), shall
contain the following:
(1)
the name, address and telephone number of the therapeutic
optometrist;
(2)
the date of dispensing;
(3)
the name of the patient;
(4)
the name and strength of the drug; and
(5)
the directions for use.
(f)
At least annually, the Texas Optometry Board shall provide
to the Texas State Board of Pharmacy a list of the topical ocular pharmaceutical
agents which may be prescribed by therapeutic optometrist.
(g)
A therapeutic optometrist may administer and prescribe
all:
(1)
ophthalmic devices;
(2)
over-the-counter oral medications; and
(3)
appropriate topical pharmaceutical agents used for diagnosing
and treating visual defects, abnormal conditions, and diseases of the human
eye and adnexa, which are included in the following classifications or are
combinations of agents in the classifications. No drug falling within one
of the following categories may be used for the treatment of glaucoma in
a manner that was not permitted by law on August 31, 1991:
(A)
anti-allergy:
(i)
antihistamine;
(ii)
membrane stabilizer;
(B)
anti-fungal:
(i)
imidazoles;
(ii)
polyenes;
(C)
anti-infective:
(i)
aminoglycoside;
(ii)
anti-cell membrane;
(iii)
anti-cell wall synthesis;
(iv)
anti-DNA synthesis;
(v)
anti-protein synthesis (excluding chloramphenicol);
(vi)
anti-ACHase;
(vii)
cephalosporin;
(viii)
agents affecting intermediary metabolism;
(D)
anti-inflammatory:
(i)
nonsteroidal anti-inflammatory drug (NSAID);
(ii)
steroid;
(E)
antiseptic;
(F)
chelating agent;
(G)
chemical cautery;
(H)
cycloplegic: parasympatholytic;
(I)
hyperosmotic;
(J)
miotic:
(i)
anti-ACHase;
(ii)
parasympathomimetic;
(K)
mucolytic;
(L)
mydriatic: sympathomimetic (Alpha 1 agonists only);
(M)
vasoconstrictor: sympathomimetic (Alpha 1 agonists only)
(N)
antivirals.
(h)
The authority of an optometric glaucoma specialist to prescribe
antiglaucoma drugs is defined in §280.10. The following are those drugs
which are classified as antiglaucoma drugs and may not be used by a therapeutic
optometrist in a manner that was not permitted by law on August 31, 1991:
(1)
Pilocarpine 1%-10%
(2)
Carbachol 0.75%-3%
(3)
Carteolol
(4)
Epinephrine 0.25%-2%
(5)
Dipivefrin 0.1%
(6)
Betaxolol 0.5%
(7)
Levobunolol 0.5%
(8)
Metipranolol 0.3%
(9)
Timolol 0.25%-0.5%
(10)
Physostigmine 0.25%-0.5%
(11)
Demecarium 0.125%-0.25%
(12)
Echothiophate 0.03%-0.25%
(13)
Isoflurophate 0.25%
(i)
This formulary specifically lists the types of drugs which
may be prescribed by a therapeutic optometrist. Subject to the antiglaucoma
limitations described in subsections (g) and (h) of this section, a therapeutic
optometrist may possess and administer any topical ocular pharmaceutical agent
which has a legitimate diagnostic or therapeutic use.
(j)
A therapeutic optometrist may possess and administer cocaine
eye drops for diagnostic purpose. The cocaine eye drops must be no greater
than 10 percent solution in prepackaged liquid form.
(1)
A therapeutic optometrist must observe all requirements
of the Texas Controlled Substances Act, the Health and Safety Code, Chapter
481, and all requirements of the Texas Department of Public Safety (DPS)
Drug Rules, in making application and maintaining renewal of a United States
Drug Enforcement Administration (DEA) registration number for possession
of the cocaine eye drops, a Schedule II controlled substance.
(2)
A therapeutic optometrist must obtain a registration number
from the DPS for the principal office of practice. Application may be made
for a separate registration for the practice of optometry at a satellite
office but all requirements of this rule shall apply in all locations.
(3)
The therapeutic optometrist must use the required DEA
form for the purchase of the cocaine eye drops and shall maintain a complete
and accurate record of purchases (to include samples received from pharmaceutical
manufacturer representatives) and administration of controlled substances.
The maximum amount to be purchased and maintained in an office of practice
shall be no more than two vials, one opened and one in inventory.
(4)
The recordkeeping listed in this section shall be subject
to inspection at all times by the Texas Department of Public Safety, the
U.S. Drug Enforcement Administration, and the Texas Optometry Board and any
officer or employee of the governmental agencies shall have the right to
inspect and copy records, reports, and other documents, and inspect security
controls, inventory and premises where such cocaine eye drops are possessed
or administered.
(5)
Minimum security controls shall be established to include
but not limited to:
(A)
establishing adequate security to prevent unauthorized
access and diversion of the controlled substance,
(B)
during the course of business activities, not allowing
any individual access to the storage area for controlled substances except
those authorized by the therapeutic optometrist,
(C)
storing the controlled substance in a securely locked,
substantially constructed cabinet or security cabinet which shall meet the
requirements under the DPS Drug Rules,
(D)
not employ in any manner an individual that would have
access to controlled substances who has had a federal or state application
for controlled substances denied or revoked, or have been convicted of a
felony offense under any state or federal law relating to controlled substances
or been convicted of any other felony, or have been a licensee of a health
regulatory agency whose license has been revoked, canceled, or suspended.
(6)
Failure of the therapeutic optometrist to maintain strict
security and proper accountability of controlled substance shall be deemed
to be a violation of the Texas Optometry Act, §351.501 and §351.551.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004897
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
22 TAC §280.6
The Texas Optometry Board adopts amendments to §280.6
without change to the proposed text published in the May 5, 2000, issue of
the
Texas Register
(25 TexReg 3903).
The amendments distinguish between licensure and certification and thus
prevent misleading advertising language regarding certification by organizations
separate from the Board. The rule amendments also change citations to laws
now codified in the Occupations Code.
No comments were received regarding adoption of the amendments.
The amendment is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151, § 351.155 and § 351.403. The Texas
Optometry Board interprets § 351.151 as authorizing the adoption of procedural
and substantive rules for the regulation of the optometric profession. The
Board interprets § 351.155 and § 351.403 as authorizing rules to
prevent misleading advertising.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004899
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
22 TAC §280.8
The Texas Optometry Board adopts new §280.8 without
change to the proposed text published in the May 5, 2000, issue of the
The new rule implements the amendments to Article 4552-1.03 made by H.B.
1051, 76th Legislature, Regular Session, by defining the education, examination,
and clinical skills requirements for licensure.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151 and Texas Revised Civil Statutes, article
4552-1.03. The Texas Optometry Board interprets § 351.151 as authorizing
the adoption of procedural and substantive rules for the regulation of the
optometric profession. The Board interprets article 4552-1.03 as defining
the requirements for licensure as an optometric glaucoma specialist.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004900
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
22 TAC §280.9
The Texas Optometry Board adopts new §280.9 without
change to the proposed text published in the May 5, 2000, issue of the
The new rule implements the amendments to Article 4552-1.03 made by H.B.
1051, 76th Legislature, Regular Session, by defining the application process,
including the application fee, and the requirements for displaying the license.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151 and § 351.152 and Texas Revised Civil
Statutes, article 4552-1.03. The Texas Optometry Board interprets § 351.151
as authorizing the adoption of procedural and substantive rules for the regulation
of the optometric profession. The Board interprets § 351.152 as authorizing
the Board to set fees and article 4552-1.03 as defining the requirements for
licensure as an optometric glaucoma specialist.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004901
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
22 TAC §280.10
The Texas Optometry Board adopts new §280.10 without
change to the proposed text published in the May 5, 2000, issue of the
The new rule implements the amendments to Article 4552-1.03 made by H.B.
1051, 76th Legislature, Regular Session, by defining the classes and permitted
uses of drugs by optometric glaucoma specialists.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151 and Texas Revised Civil Statutes, article
4552-1.03. The Texas Optometry Board interprets § 351.151 as authorizing
the adoption of procedural and substantive rules for the regulation of the
optometric profession. The Board interprets article 4552-1.03 as defining
the requirements for the administering and prescribing of drugs by optometric
glaucoma specialists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004902
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
22 TAC §280.11
The Texas Optometry Board adopts new §280.11 without
change to the proposed text published in the May 5, 2000, issue of the
The new rule implements the amendments to Article 4552-1.03 made by H.B.
1051, 76th Legislature, Regular Session, by defining treatment parameters
for optometric glaucoma specialists.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151 and Texas Revised Civil Statutes, article
4552-1.03. The Texas Optometry Board interprets § 351.151 as authorizing
the adoption of procedural and substantive rules for the regulation of the
optometric profession. The Board interprets article 4552-1.03 as defining
the authorized treatments available to optometric glaucoma specialists.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004903
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: August 3, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 305-8502
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
22 TAC §361.1
The Texas State Board of Plumbing Examiners adopts amendments
to §361.1 which define the meanings of words and terms used in the Plumbing
License Law and Board Rules without changes to the adopted text as published
in the May 19, 2000, issue of the
Texas Register
(25 TexReg 4552).
No comments were received regarding the adopted amendments.
The following is a restatement of the rule's factual basis: The rule amendments
to §361.1 are for the purpose of clarity and in no way will effect change
in the method that the Board currently conducts business, carries out and
enforces the Plumbing License Law and Board Rules. None of the amendments
to §361.1 will change the current requirements of the Board Rules. Section
361.1(26), proposes a definition of "Plumbing Inspection" as described in
and required by §15(a) of the Act.
Section 361.1(27) adds language to the existing definition of "Plumbing
Inspector" that clarifies that only a Licensed Plumbing Inspector is authorized
to perform a plumbing inspection as defined in §361.1(26).
Section 361.1(28) adds language to the existing definition of "Pocket Card"
that clarifies that it is a card issued by the Board which certifies that
the holder has a Master Plumber License, Journeyman Plumber License, or Plumbing
Inspector License.
The amendments to §361.1 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §2 (5), §5(a), §14(a), §15(a)
(Vernon Supp. 2000) and the rule it amends. Section 2(5) of the Act defines
"Plumbing Inspector". Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 14(a) prohibits any individual from serving
as a Plumbing Inspector unless the individual is a holder of a valid Plumbing
Inspector License, unless the person is otherwise exempted by the Act. Section
15(a) requires that all cities in this state shall provide for plumbing inspections.
No other statute, article, or code is affected by this adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004905
Robert L. Maxwell
Acting Administrator
Texas State Board of Plumbing Examiners
Effective date: August 3, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 458-2145
Subchapter F. ARCHITECT'S SEAL
Subchapter K. PRACTICE; ARCHITECT REQUIRED
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter F. LANDSCAPE ARCHITECT SEAL'S
Chapter 5.
INTERIOR DESIGNERS
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
Subchapter F. THE INTERIOR DESIGNER'S SEAL
Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Part 14.
TEXAS OPTOMETRY BOARD
Chapter 280.
THERAPEUTIC OPTOMETRY
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Chapter 367.
ENFORCEMENT