TITLE 22.EXAMINING BOARDS

Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

Chapter 1. ARCHITECTS

Subchapter A. SCOPE; DEFINITIONS

22 TAC §1.5

The Texas Board of Architectural Examiners adopts an amendment to Chapter 1, Subchapter A, §1.5 concerning defined terms. The proposal to amend this rule was published in the September 29, 2000, issue of the Texas Register (25 TexReg 9805). The amendment is being adopted without changes. The text of the section will not be republished.

The amendment sets forth a definition for the word "reinstatement."

No public comments were received regarding the proposed amendment.

The amendment is adopted pursuant to Section 3b of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties.

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 February 7, 2001.

TRD-200100773

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: September 29, 2000

For further information, please call: (512) 305-8535


Subchapter C. EXAMINATIONS

22 TAC §1.52

The Texas Board of Architectural Examiners adopts new §1.52 concerning the scholarship fund established by Section 7a of the Architects' Registration Law. The new §1.52 seeks to define how the scholarship fund will be administered. The proposal to adopt this rule was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10083). The rule is being adopted with changes. The changes are intended to allow the Board to choose between administering all aspects of the fund itself or selecting an outside entity to assist with administration; to allow the Board to refrain from collecting the fee on an annual basis; to allow the Board to distribute scholarship monies even after a candidate has completed the registration process, and to limit the appearance of impropriety in the awarding of scholarships by prohibiting awards to certain categories of people.

No public comments were received regarding the proposed rule.

The new sections are adopted pursuant to Section 7(a) of Article 249a, Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural Examiners to create rules to implement a statutorily mandated scholarship fund.

These adopted sections do not affect any other statutes.

§1.52.Financial Assistance to ARE Candidates.

(a)

The fund established by the 76th Texas Legislature to provide financial assistance to ARE Candidates shall be administered by the Board or, if authorized by law, by an independent scholarship administrator approved by the Board. As mandated by Section 7A of the Architects' Registration Law, the Architect Registration Examination Financial Assistance Fund (AREFAF) shall be funded by a mandatory fee from all Texas registered Architects.

(b)

A one-time maximum award of $500 shall be awarded to each approved applicant. Each scholarship recipient shall meet the following criteria:

(1)

Each scholarship recipient shall be a Texas resident who has resided in Texas for at least twelve (12) months immediately preceding the date the recipient submitted his or her application for the AREFAF award;

(2)

Each scholarship recipient shall be a Candidate in good standing or shall be an Architect who completed the ARE after September 1, 1999;

(3)

Each scholarship recipient shall demonstrate that the examination fee for the ARE would pose or has posed a financial hardship for him or her; and

(4)

Each scholarship recipient shall have attained passing scores on sections of the ARE for which the combined fees total at least $500.

(c)

The Board shall not award an AREFAF scholarship to any of the following persons:

(1)

any member of the Board;

(2)

any employee of TBAE;

(3)

any person who assists in the administration of the AREFAF;

(4)

any current or former member of the Texas Legislature; or

(5)

any family member of any person described in subsection (c)(1), (c)(2), (c)(3), or (c)(4)of this section.

(d)

Each applicant shall apply for an AREFAF award on an authorized form available in the Board's office or from an independent scholarship administrator that has been approved to administer the AREFAF.

(e)

Each applicant shall be notified of the approval or rejection of the applicant's AREFAF application. Rejection of an application shall include an explanation of the reason for rejection.

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 February 7, 2001.

TRD-200100774

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


Subchapter G. COMPLIANCE AND ENFORCEMENT

22 TAC §1.121

The Texas Board of Architectural Examiners adopts an amendment to Chapter 1, Subchapter G, §1.121 concerning compliance and enforcement. The proposal to amend this rule was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10083). The amendment is being adopted with changes. The change is to add the words "use of the title architect" after the phrase "practice of architecture " as well as other minor changes which help clarify the rule.

This amendment is adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter G, as mandated by Article IX of the General Appropriations Act.

No public comments were received regarding the proposed amendment.

The amendment is adopted pursuant to Section 3(b) of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

§1.121.General.

In carrying out its responsibility to insure strict enforcement of the Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of architecture and the use of the title "architect." The Board also may investigate representations which imply that a person or a business entity is legally authorized to offer or provide architectural services to the public. Violations of the Act or the rules which cannot be readily resolved through settlement shall be disposed of by administrative, civil, or criminal proceedings as authorized by law.

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 February 7, 2001.

TRD-200100775

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


22 TAC §§1.122 - 1.125

The Texas Board of Architectural Examiners adopts the repeal of §1.122 relating to the circumstances under which the application of a person against whom the Board has initiated legal action may be held without approval, disapproval, or rejection; §1.123 relating to the conditions that must be met if an architect or architectural firm maintains offices in more than one locality; §1.124 relating to the requirements for properly constituted business entities to acquire corporate architectural status via a No Objection letter issued by the Texas Board of Architectural Examiners; and §1.125 which describes authorized use of the title "Architect" and various constructions thereof by persons, firms, partnerships, corporations, and groups of persons. The proposal to repeal these rules was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10084). The repeal is being adopted without changes. The text of the section will not be republished.

Simultaneously, the agency is adopting new rules with section numbers 1.122 through 1.124 to replace the rules being repealed. The rule regarding applications has been relocated to Subchapter H. Due to the extensive modifications proposed in the new rules, amending the existing rules is less practical than repealing the existing rules and publishing new rules. The modifications are being made as a result of the agency's review of Title 22, Chapter 1, Subchapter G as mandated by Article IX of the General Appropriations Act.

No public comments were received regarding the proposed repeal of these rules.

The repeal is adopted pursuant to Section 3(b) of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

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 February 7, 2001.

TRD-200100777

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


22 TAC §§1.122 - 1.124

The Texas Board of Architectural Examiners adopts new §1.122 relating to the conditions that must be satisfied in order for an Architect to associate to provide architectural services jointly with a person or groups of persons who is/are not a registered architect or architects; new §1.123 which describes the conditions under which persons and groups may use the title "architect" and various constructions thereof; and new §1.124 relating to a business entity's responsibility to register with the Board in order to offer or provide architectural services in Texas. The proposal to adopt these rules was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10084). The new rules are being adopted with changes. The changes are intended to clarify the Board's intent and make the rules easier to understand and follow.

Due to the proposal of extensive modifications, publishing amendments to the existing rules is less practical than the alternative of repealing the existing sections and publishing new sections. The new rules are being adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter G as mandated by Article IX of the General Appropriations Act. The new §1.122 requires any Architect who forms a business association with a nonregistrant or a group of nonregistrants to enter into a written agreement of association whereby the Architect agrees to be responsible for the preparation of all Construction Documents and architectural work. The section defines what shall be included in the agreement of association, requires that all Construction Documents prepared pursuant to the association be sealed, signed, dated, and retained by the Architect who sealed them for ten (10) years from the date of completion of the project. It requires a Texas Architect who associates with a registered architect in another jurisdiction who does not maintain an office in Texas to exercise Responsible Charge over the preparation of all Construction Documents and to provide written notification to each client stating that the non-Texas architect is not registered to practice architecture in Texas and that the Texas Architect will be in Responsible Charge of all Construction Documents issued as a result of his or her association with the non-Texas architect. New §1.123 authorizes only Architects duly registered in Texas to use any form of the word "architect" or the word "architecture" to describe themselves or services they offer or perform in Texas and defines the circumstances under which a firm, partnership, corporation, or other business association may use any form of the word "architect" or the word "architecture" in its name or to describe services it offers or performs in Texas. New §1.124 seeks to ensure that every business entity or association that offers or provides architectural services in Texas be registered with the Board by submitting a business registration application form accompanied by at least one Architect of Record affidavit. It requires the signer of an Architect of Record affidavit to notify the Board in writing if he or she ceases to provide architectural services on behalf of the business entity or association. It authorizes the Board to establish an initial business registration fee.

No public comments were received regarding the proposed rules.

The new sections are adopted pursuant to Section 1, Section 10(i), Section 13(a), and Section 3(b) of Article 249a, Vernon's Texas Civil Statutes, which prohibit non-architects from practicing architecture and using the title "architect" in Texas and provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary to carry out its statutory duty to enforce the Act.

§1.122.Association.

(a)

An Architect who forms a business association, either formally or informally, to jointly offer architectural services with any individual who is not a duly registered Texas Architect or bona fide employee working in the same firm where the Architect is employed or with any group of individuals who are not duly registered Texas Architects shall, prior to offering architectural services on behalf of the business association, enter into a written agreement of association with the nonregistrant(s) whereby the Architect agrees to be responsible for the preparation of all Construction Documents prepared and issued for use in Texas pursuant to the agreement of association. All Construction Documents prepared and issued for use in Texas pursuant to the agreement of association shall be prepared by the Architect or under the Architect's Supervision and Control unless the Construction Documents are prepared and issued as described in subsection (e) of this section.

(b)

The written agreement of association shall be signed by all parties to the agreement. In addition to the provisions of subsection (a) of this section, the written agreement of association shall contain the following:

(1)

The date when the agreement to associate is effective and the approximate date when the association will be dissolved if such association is not to be a continuing relationship. If the association is to be a continuing relationship, that fact shall be so noted in the agreement. If the association is only for one project, the project shall be identified in the agreement of association by listing both the client's and the project's names and addresses.

(2)

The name, address, telephone number, registration number, and signature of each Architect who has agreed to associate with the nonregistrant(s).

(3)

The name, address, telephone number, and signature of each nonregistrant with whom the Architect has agreed to associate.

(c)

All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.

(d)

Paper or microform copies of all Construction Documents resulting from the association, together with the written agreement of association, shall be retained by the Architect who sealed them and made available for review by the Board for ten (10) years from the date of substantial completion of each project.

(e)

If, pursuant to Section 14.2 of the Act, a Texas Architect associates with a person who is not a Texas Architect but is duly registered as an architect in another jurisdiction and does not maintain or open an office in Texas, The Texas Architect shall, at a minimum, exercise Responsible Charge over the preparation of all Construction Documents issued for use in Texas as a result of the association. The Texas Architect shall seal, sign, and date all Construction Documents issued for use in Texas as a result of the association in the same manner as if the Architect had prepared the Construction Documents or they had been prepared under the Architect's Supervision and Control. The requirements of subsections (a), (b), and (d) of this section also must be satisfied. For purposes of subsections (a) and (b), the term "nonregistrant" shall include the non-Texas architect. The requirements of this subsection must be satisfied regardless of whether the Texas Architect or the non-Texas architect acts as the "consultant" as that term is used in Section 14.2 of the Act.

§1.123.Titles.

(a)

Architects duly registered in Texas are authorized to use any form of the word "architect" or the word "architecture" to describe themselves and to describe services they offer and perform in Texas.

(b)

A firm, partnership, corporation, or other business association may use any form of the word "architect" or the word "architecture" in its name or to describe services it offers or performs in Texas only under the following conditions:

(1)

The business employs at least one Architect on a full-time basis or associates with at least one Architect pursuant to the provisions of section 1.122; and

(2)

The Architect(s) employed by or associated with the business pursuant to subsection (b)(1) of this section exercise Supervision and Control over all architectural services performed by nonregistrants on behalf of the business, or in the case of services rendered pursuant to section 1.122(e), exercise, at a minimum, Responsible Charge over all such services.

(c)

No entity other than those qualified in subsections (a) and (b) of this section may use any form of the word "architect" or "architecture" in its name or to describe services it offers or performs in Texas.

(d)

A person enrolleld in the Intern Development Program (IDP) may use the title "architectural intern."

§1.124.Business Registration.

(a)

Unless excepted from the Act in accordance with Section 10 or Section 14 of the Act, each business entity or association that offers or provides architectural services in Texas must register with the Board by submitting a completed business registration form accompanied by at least one duly executed Architect of Record affidavit. Blank business registration forms and Architect of Record affidavit forms may be requested by contacting the Board's office.

(b)

Once the Board has received a completed business registration form and a duly executed Architect of Record affidavit from a business entity or association, the Board shall enter the entity's or association's name into its registry of business entities and associations that are authorized to offer and provide architectural services in Texas.

(c)

If an Architect who has signed an Architect of Record affidavit ceases to provide architectural services on behalf of the business entity or association for which the Architect signed the affidavit, the Architect must so notify the Board in writing. Such notification must be postmarked within thirty (30) days of the date the Architect ceases to provide architectural services on behalf of the business entity or association.

(d)

Effective September 1, 2001, the Board may establish a business registration fee. All business entities required to register with the Board pursuant to the provisions of this section shall pay the business registration fee as prescribed by the Board.

(e)

An Architect who is a sole proprietor doing business under his/her own name shall be exempt from the requirements of subsections (a) - (d) 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 February 7, 2001.

TRD-200100776

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


Subchapter H. PROFESSIONAL CONDUCT

22 TAC §§1.141-1.150

The Texas Board of Architectural Examiners adopts the repeal of §1.141, which seeks to define generally the Board's authority to enforce the Regulation of the Practice of Architecture (the Act); §1.142, pertaining to an architect's professional responsibility as it affects the property, lives, safety, health, or welfare of the general public; §1.143, pertaining to an architect's independent professional judgment concerning employment, conflicts of interest with a client or employer, compensation, clients' and employers' property, and the completion or revision of work prepared by others; §1.144, pertaining to minimum standards of competence for architects; §1.145, pertaining to the conditions under which an architect shall reveal and/or make use of confidences and private information; §1.146, pertaining to securing architectural work or assignments, advertising, the representation of an architect's professional qualifications, and the Professional Services Procurement Act; §1.147, pertaining to the circumstances under which the Board may require an architect to enter a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse; §1.148, pertaining to an architect's professional responsibility to uphold the ethical standards of the profession; §1.149, pertaining to the prevention of unauthorized practice; and §1.150, pertaining to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes and how the Board will identify and evaluate criminal convictions of candidates and registrants. The repeal is being adopted without changes. The proposal to repeal these rules was published in the December 22, 2000, issue of the Texas Register (25 TexReg 12559).

Simultaneously, the agency is adopting new rules with section numbers 1.141 through 1.151 to replace the rules being repealed. Due to the extensive modifications to the new rules, amending the existing rules is less practical than repealing the existing rules and adopting new rules. The modifications are being made as a result of the agency's review of Title 22, Chapter 1, Subchapter H, as mandated by Article IX of the General Appropriations Act.

No comments were received regarding the proposal to repeal these rules.

The repeal of these rules is adopted pursuant to Section 3(b) of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to adopt rules necessary to perform its statutory duties; the authority to adopt rules impliedly authorizes the repeal of those rules which have been adopted.

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 February 9, 2001.

TRD-200100849

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 1, 2001

Proposal publication date: December 22, 2000

For further information, please call: (512) 305-8535


22 TAC §§1.141-1.151

The Texas Board of Architectural Examiners adopts new §1.141, which generally describes the Board's authority to promulgate rules necessary for the regulation of the practice of architecture and enforcement of Article 249a of Vernon's Texas Civil Statutes (the Act), generally describes the Board's authority to take different types of disciplinary action against an architect or an applicant, lists the factors the Board will consider in determining an appropriate sanction for misconduct, and states that architects must adhere to the Act and Rules even when providing services free of charge; new §1.142, pertaining to minimum competence to perform architectural services and defining "gross incompetency"; new §1.143, defining "recklessness"; new §1.144, relating to the performance or omission of acts with the intent to defraud or deceive, prohibiting an architect from securing architectural work or assignments through false advertising or through advertising that does not display an architectural registration number, and prohibiting an architect from soliciting, offering, giving, or receiving something of value for securing a public project; new §1.145, relating to conflicts of interest; new §1.146, relating to an architect's responsibility to refrain from participating in or aiding or abetting a violation of the Act or Rules, an architect's responsibility to provide information about an applicant's qualifications, and an architect's responsibility to safeguard his or her professional seal; new §1.147, pertaining to the Professional Services Procurement Act; new §1.148, pertaining to the prohibition against unauthorized practice in another jurisdiction, the implications of disciplinary action by another jurisdiction, and the consequences of failure to renew a certificate of registration prior to its expiration; new §1.149, relating to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes and the potential effects of applicants' and registrants' criminal convictions on professional licensure; new §1.150, relating to the circumstances under which substance abuse may affect an architect's licensure and conditions under which the Board may require an architect to enter a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse; and new § 1.151, pertaining to the effect of enforcement proceedings on an application for architectural registration. Each rule is being adopted with minor changes which correct grammar and clarify the intent of each rule. The proposal to adopt these rules was published in the December 22, 2000, issue of the Texas Register (25 TexReg 12560).

Due to the proposal of extensive modifications, adopting amendments to the existing rules is less practical than the alternative of repealing the existing sections and adopting new sections. The new rules are being adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter H as mandated by Article IX of the General Appropriations Act.

As a result of the new rules, the standards for professional practice will be better defined and easier to understand and also will better reflect current industry standards.

No comments were received regarding the proposal to adopt these rules

The new sections are adopted pursuant to Sections 3(b), 5(c), and 11(b) of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and take action to enforce them; pursuant to Section 5(d) of Article 249a, Vernon's Texas Civil Statutes, which directs the Board to adopt rules to prevent registrants from participating in violations of the Professional Services Procurement Act; and pursuant to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes, which require the Board to take appropriate action to address criminal convictions entered against registrants and applicants.

§1.141.General.

(a)

These rules of professional conduct are promulgated pursuant to the Architects' Registration Law (the Act), Article 249a, Vernon's Texas Civil Statutes, which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of architecture and the enforcement of the Act. Except as otherwise noted, these rules of professional conduct apply only to situations which are directly or indirectly related to the practice of architecture.

(b)

The Board may revoke or suspend an Architect's certificate of registration, place on probation an Architect whose certificate of registration has been suspended, reprimand an Architect, or assess an administrative penalty against an Architect for a violation of any provision of these rules of professional conduct or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to section 1.151. A single instance of misconduct may be grounds for disciplinary action by the Board.

(c)

Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:

(1)

the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;

(2)

the economic damage or potential damage to property caused by the misconduct;

(3)

the respondent's history concerning previous grounds for sanction;

(4)

the sanction necessary to deter future misconduct;

(5)

efforts to correct the misconduct; and

(6)

any other matter justice may require.

(d)

These rules of professional conduct are not intended to suggest or define standards of care in civil actions against Architects involving their professional conduct.

(e)

An Architect may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all architectural services rendered regardless of whether the Architect is paid for the services.

§1.142.Competence.

(a)

An Architect shall undertake to perform a professional service only when the Architect, together with those whom the Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, an Architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent architects practicing under similar circumstances and conditions.

(b)

An Architect shall not affix his/her signature or seal to any architectural plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.

(c)

"Gross Incompetency" shall be grounds for disciplinary action by the Board. An Architect may be found guilty of "Gross Incompetency" under any of the following circumstances:

(1)

the Architect has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of an Architect;

(2)

the Architect engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent architect;

(3)

the Architect has been adjudicated mentally incompetent by a court; or

(4)

pursuant to section 1.150(b).

§1.143.Recklessness.

(a)

An Architect shall not practice architecture in any manner which, when measured by generally accepted architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.

(b)

"Recklessness" shall be grounds for disciplinary action by the Board. "Recklessness" shall include the following practices:

(1)

conduct which indicates that the Architect is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent architect would exercise under the circumstances;

(2)

knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Architect and such failure jeopardizes any person's health, safety, or welfare; or

(3)

action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.

§1.144.Dishonest Practice.

(a)

An Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:

(1)

defraud,

(2)

deceive, or

(3)

create a misleading impression.

(b)

An Architect may not advertise in a manner which is false, misleading, or deceptive. Each advertisement that offers the service of an Architect in Texas and is found in a telephone directory, e-mail directory, web site, or newspaper must clearly display that Architect's Texas architectural registration number. If an advertisement is for a business that employs more than one Architect, only the Texas architectural registration number for one Architect employed by the firm or associated with the firm pursuant to section 1.122 is required to be displayed.

(c)

An Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded architectural work.

§1.145.Conflicts of Interest.

(a)

If an Architect has any business association or financial interest which might reasonably appear to influence the Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Architect's client or employer, the Architect shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest. Unless the client or employer provides written consent after full disclosure regarding the circumstances of the business association or financial interest, the Architect shall either terminate the business association or financial interest or forego the project or employment.

(b)

An Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.

(c)

An Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Architect is performing or has contracted to perform architectural services.

(d)

The phrase "benefit of any substantial nature" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its acceptance creates an obligation or the appearance of an obligation on the part of the Architect or otherwise could adversely affect the Architect's ability to exercise his/her own judgment without regard to such benefit.

§1.146.Responsibility to the Architectural Profession.

(a)

An Architect shall not:

(1)

knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board;

(2)

aid or abet, directly or indirectly:

(A)

any unregistered person in connection with the unauthorized practice of architecture;

(B)

any business entity in the practice of architecture unless carried on in accordance with the Act; or

(C)

any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of architecture by any person or any business entity;

(3)

fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct which, if done by him/her, would violate any provision of the Act or any provision of the Rules and Regulations of the Board.

(b)

An Architect possessing knowledge of an Applicant's qualifications for registration shall cooperate with the Board by responding in writing to the Board regarding those qualifications when requested to do so by the Board.

(c)

An Architect shall be responsible and accountable for the care, custody, control, and use of his/her architectural seal, professional signature, and other professional identification. An Architect whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the Board immediately upon discovery of the loss, theft, or misuse. The Board may invalidate the registration number of the lost, stolen, or misused seal upon the request of the Architect if the Board deems it necessary.

§1.147.Professional Services Procurement Act.

An Architect shall neither submit a competitive bid to nor solicit a competitive bid on behalf of any governmental entity that is prohibited by the Professional Services Procurement Act, Subchapter A, Chapter 2254, Government Code, from making a selection or awarding a contract on the basis of competitive bids. An Architect may submit information related to the monetary cost of a professional service, including information found in a fee schedule, only after the governmental entity has selected the Architect on the basis of demonstrated competence and qualifications pursuant to the Professional Services Procurement Act.

§1.148.Prevention of Unauthorized Practice.

(a)

An Architect shall not practice or offer to practice architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of architecture in that jurisdiction.

(b)

The revocation, suspension, or denial of a registration to practice architecture in another jurisdiction shall be sufficient cause for the revocation, suspension, or denial of a registration to practice architecture in the State of Texas.

(c)

An Architect who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the title "architect" and shall not "practice architecture" as defined by Section 10 of the Act until after the Architect's certificate of registration has been properly renewed.

§1.149.Criminal Convictions.

(a)

Pursuant to Article 6252-13c and Article 6252-13d, Vernon's Texas Civil Statutes, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction of a crime if the crime directly relates to the duties and responsibilities of a registered architect. The following procedures will apply in the consideration of an application for registration as an Architect or in the consideration of a Registrant's criminal history:

(1)

Each Applicant will be required to provide information regarding the Applicant's criminal history as part of the application process. Each Registrant will be required to report any criminal conviction to the Board within thirty (30) days of the date the conviction is entered by the court and to verify the status of the Registrant's criminal history on each registration renewal form. An Applicant or Registrant shall not be required to report a conviction for a minor traffic offense.

(2)

An Applicant or Registrant who has been convicted of any crime will be required to provide a summary of each conviction in sufficient detail to allow the executive director to determine whether it appears to directly relate to the duties and responsibilities of a registered architect.

(3)

If the executive director determines the conviction might be directly related to the duties and responsibilities of a registered architect, the Board's staff will obtain sufficient details regarding the conviction to allow the Board to determine the effect of the conviction on the Applicant's eligibility for registration or on the Registrant's fitness for continued registration.

(b)

In determining whether a criminal conviction is directly related to the duties and responsibilities of a registered architect, the executive director and the Board will consider the following:

(1)

the nature and seriousness of the crime;

(2)

the relationship of the crime to the purposes for requiring a license to practice architecture;

(3)

the extent to which architectural registration might offer an opportunity to engage in further criminal activity of the same type as that in which the Applicant or Registrant had been involved; and

(4)

the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a registered architect.

(c)

In addition to the factors that may be considered under subsection (b) of this section, the executive director and the Board shall consider the following:

(1)

the extent and nature of the Applicant's or Registrant's past criminal activity;

(2)

the age of the Applicant or Registrant at the time the crime was committed and the amount of time that has elapsed since the Applicant's or Registrant's last criminal activity;

(3)

the conduct and work activity of the Applicant or Registrant prior to and following the criminal activity;

(4)

evidence of the Applicant's or Registrant's rehabilitation or rehabilitative effort;

(5)

other evidence of the Applicant's or Registrant's present fitness to practice as an Architect, including letters of recommendation from law enforcement officials involved in the prosecution or incarceration of the Applicant or Registrant or other persons in contact with the Applicant or Registrant; and

(6)

proof that the Applicant or Registrant has maintained steady employment and has supported his/her dependents and otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered.

(d)

Crimes directly related to the duties and responsibilities of a registered architect include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of architecture, such as the following:

(1)

criminal negligence;

(2)

soliciting, offering, giving, or receiving any form of bribe;

(3)

the unauthorized use of property, funds, or proprietary information belonging to a client or employer;

(4)

acts relating to the malicious acquisition, use, or dissemination of confidential information related to architecture; and

(5)

any intentional violation as an individual or as a consenting party of any provision of the Act.

(e)

The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.

(f)

If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration. If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.

(g)

If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:

(1)

the reason for rejecting the application or taking action against the Registrant's certificate of registration;

(2)

notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Government Code, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final; and

(3)

the earliest date the person may appeal.

(h)

All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.

§1.150.Substance Abuse.

(a)

If in the course of a disciplinary proceeding, it is found by the Board that an Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or the Rules and Regulations of the Board, the Board may condition its disposition of the disciplinary matter on the Architect's completion of a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation at a facility also approved by the Commission.

(b)

An Architect's abuse of alcohol or a controlled substance that results in the impairment of the Architect's professional skill so as to cause a direct threat to the property, safety, health, or welfare of the public may be deemed "Gross Incompetency" and may be grounds for the indefinite suspension of an Architect's certificate of registration until such time as he or she is able to demonstrate to the Board's satisfaction that the reasons for suspension no longer exist and that the termination of the suspension would not endanger the public.

(c)

In order to determine whether abuse of alcohol or a controlled substance contributed to a violation or has resulted in "gross incompetency," the Board may order an examination by one or more health care providers trained in the diagnosis or treatment of substance abuse.

§1.151.Effect of Enforcement Proceedings on Application.

(a)

The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or rejection until:

(1)

all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;

(2)

the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and

(3)

the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.

(b)

An "enforcement proceeding" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.

(c)

The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the practice or title restrictions of the Act, violated any similar practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:

(1)

reprimand;

(2)

the imposition of an administrative penalty;

(3)

suspension of the registration certificate upon its effective date;

(4)

rejection of the application; or

(5)

denial of the right to reapply for registration for a period not to exceed five years.

(d)

The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against an Architect.

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 February 9, 2001.

TRD-200100848

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 1, 2001

Proposal publication date: December 22, 2000

For further information, please call: (512) 305-8535


Subchapter K. PRACTICE; ARCHITECT REQUIRED

22 TAC §1.213

The Texas Board of Architectural Examiners adopts an amendment to Chapter 1, Subchapter K, §1.213 concerning alterations and additions to existing buildings. The proposal to amend this rule was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10091). The amendment is being adopted with changes. The change eliminates redundant text in order to clarify the rule.

No public comments were received regarding the proposed amendment.

The amendment is adopted pursuant to Section 3(b) of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

§1.213.Alterations and Additions to Existing Buildings.

Construction Documents for any alteration or addition to an existing building involving structural changes which require the services of a registered professional engineer in accordance with Texas Civil Statutes, Article 3271a, the Texas Engineering Practice Act, or which involve exitway changes affecting the building's egress by more than fifty (50) building occupants shall be prepared under the supervision of an architect unless excepted in accordance with §1.211.

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 February 7, 2001.

TRD-200100778

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


Chapter 3. LANDSCAPE ARCHITECTS

Subchapter A. SCOPE; DEFINITIONS

22 TAC §3.5

The Texas Board of Architectural Examiners adopts an amendment to Chapter 3, Subchapter A, §3.5 concerning defined terms. The proposal to amend this rule was published in the September 29, 2000, issue of the Texas Register (25 TexReg 9808). The amendment is being adopted without changes. The text of the section will not be republished.

The amendment sets forth a definition for the word "reinstatement."

No public comments were received regarding the proposed amendment.

The amendment is adopted pursuant to Section 4a of Article 249c, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties.

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 February 7, 2001.

TRD-200100779

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: September 29, 2000

For further information, please call: (512) 305-8535


Subchapter G. COMPLIANCE AND ENFORCEMENT

22 TAC §3.121

The Texas Board of Architectural Examiners adopts an amendment to Chapter 3, Subchapter G, §3.121 concerning compliance and enforcement. The proposal to amend this rule was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10093). The amendment is being adopted with changes. The change is to add the words "use of the title landscape architect and the term landscape architecture" after the phrase "practice of landscape architecture" and other minor changes in order to clarify the rule.

This amendment is proposed as a result of the agency's review of Title 22, Chapter 3, Subchapter G, as mandated by Article IX of the General Appropriations Act.

Public comment was received from Eddy Edmondson, President of the Texas Nursery and Landscape Association. He suggested replacing the language "rules dealing with the practice of landscape architecture" with "rules dealing with the professional practices of registered landscape architect." The Board declined to change the language as recommended by Mr. Edmondson because the Board determined that the language as proposed more closely reflects the language used in Section 4(a), Article 249c, Vernon's Texas Civil Statutes.

The amendment is adopted pursuant to Section 4(a) of Article 249c, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

§3.121.General.

In carrying out its responsibility to insure strict enforcement of the Landscape Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of landscape architecture and the use of the title "landscape architect" and the term "landscape architecture." The Board may also investigate representations which imply that an individual is registered to practice landscape architecture in Texas. Violations of the Act or the rules which cannot be readily resolved through settlement shall be disposed of by administrative, civil, or criminal proceedings as authorized by law.

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 February 7, 2001.

TRD-200100780

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


22 TAC §§3.122 - 3.125

The Texas Board of Architectural Examiners adopts the repeal of §3.122 relating to the circumstances under which the application of a person against whom the Board has initiated legal action may be held without approval, disapproval, or rejection; §3.123 relating to the conditions that must be met if a landscape architect or landscape architectural firm maintains offices in more than one locality; §3.124 relating to the requirements for properly constituted business entities to acquire corporate status via a No Objection letter issued by the Texas Board of Architectural Examiners; and §3.125 which describes authorized use of the title "Landscape Architect" and various constructions thereof by persons, firms, partnerships, corporations, and groups of persons. The proposal to repeal these rules was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10093). The repeal is being adopted without changes. The text of the section will not be republished.

Simultaneously, the agency is adopting new rules with section numbers 3.122 through 3.124 to replace the rules proposed for repeal. The rule regarding applications has been relocated to Subchapter H. Due to the extensive modifications proposed in the new rules, amending the existing rules is less practical than repealing the existing rules and publishing new rules. The modifications are being made as a result of the agency's review of Title 22, Chapter 3, Subchapter G as mandated by Article IX of the General Appropriations Act.

No public comments were received regarding the proposed amendments.

The repeal is adopted pursuant to Section 4(a) of Article 249c, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

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 February 7, 2001.

TRD-200100782

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


22 TAC §§3.122 - 3.124

The Texas Board of Architectural Examiners adopts new §3.122 relating to the conditions that must be satisfied in order for a Landscape Architect to associate to provide services designated as "landscape architecture" jointly with a person or group of persons who is/are not a registered landscape architect or landscape architects; new §3.123 which describes authorized use of the title "landscape architect" and the term "landscape architecture" by persons, firms, partnerships, corporations, or groups of persons; and new §3.124 relating to a business entity's responsibility to register with the Board in order to represent that it is registered to practice landscape architecture in Texas. The proposal to adopt these new rules was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10094). The new rules are being adopted with changes. The changes are intended to clarify the Board's intent and make the rules easier to understand and follow.

Due to the proposal of extensive modifications, publishing amendments to the existing rules is less practical than the alternative of repealing the existing sections and publishing new sections. The new rules are being proposed as a result of the agency's review of Title 22, Chapter 3, Subchapter G as mandated by Article IX of the General Appropriations Act. The new §3.122 requires any Landscape Architect who forms a business association with a nonregistrant or group of nonregistrants to enter into a written agreement of association whereby the Landscape Architect agrees to be responsible for the preparation of all Construction Documents and landscape architectural work. The section defines what shall be included in the agreement of association, requires that all Construction Documents prepared pursuant to the association be sealed, signed, dated, and retained by the Landscape Architect who sealed them for ten (10) years from the date of completion of the project. New §3.123 authorizes only Landscape Architects duly registered in Texas to use the term "landscape architect" or the term "landscape architecture" to describe themselves or services they offer or perform in Texas and defines the circumstances under which a firm, partnership, corporation, or other business association may use the term "landscape architect" or the term "landscape architecture" in its name or to describe services it offers or performs in Texas. New §3.124 seeks to ensure that every business entity or association that offers or provides landscape architectural services in Texas be registered with the Board by submitting a business registration application form accompanied by at least one Landscape Architect of Record affidavit. It requires the signer of a Landscape Architect of Record affidavit to notify the Board in writing if he or she ceases to provide landscape architectural services on behalf of the business entity or association. It authorizes the Board to establish an initial business registration fee.

No public comments were received regarding the proposed rules.

The new sections are being adopted pursuant to Section 5(a) and Section 4(a) of Article 249c, Vernon's Texas Civil Statutes, which prohibit persons who are not registered landscape architects from representing themselves as if they are registered and also provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary to carry out its statutory duty to enforce the Act.

§3.122.Association.

(a)

A Landscape Architect who forms a business association, either formally or informally, to jointly offer services designated as "landscape architecture" with any person who is not a duly registered Texas Landscape Architect or bona fide employee working in the same firm where the Landscape Architect is employed or with any group of individuals who are not duly registered Texas Landscape Architects shall, prior to offering such services on behalf of the business association, enter into a written agreement of association with the nonregistrant(s) whereby the Landscape Architect agrees to be responsible for the preparation of all Construction Documents prepared and issued for use in Texas pursuant to the agreement of association. All Construction Documents prepared and issued for use in Texas pursuant to the agreement of association shall be prepared by the Landscape Architect or under the Landscape Architect's Supervision and Control.

(b)

The written agreement of association shall be signed by all parties to the agreement. In addition to the provisions of subsection (a) of this section, the written agreement of association shall contain the following:

(1)

The date when the agreement to associate is effective and the approximate date when the association will be dissolved if such association is not to be a continuing relationship. If the association is to be a continuing relationship, that fact shall be so noted in the agreement. If the association is only for one project, the project shall be identified in the agreement of association by listing both the client's and the project's names and addresses.

(2)

The name, address, telephone number, registration number, and signature of each Landscape Architect who has agreed to associate with the nonregistrant(s).

(3)

The name, address, telephone number, and signature of each nonregistrant with whom then Landscape Architect has agreed to associate.

(c)

All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.

(d)

Paper or microform copies of all Construction Documents resulting from the association, together with the written agreement of association, shall be retained by the Landscape Architect who sealed them and made available for review by the Board for ten (10) years from the date of substantial completion of each project.

§3.123.Titles.

(a)

Landscape Architects duly registered in Texas are authorized to use the title "landscape architect" to describe themselves and the term "landscape architecture" to describe services they offer and perform in Texas and to otherwise represent that they are licensed to practice landscape architecture in Texas.

(b)

A firm, partnership, corporation, or other business association may use the title "landscape architect" or the term "landscape architecture" in its name or to describe services it offers or performs in Texas or may otherwise represent that it is registered to practice landscape architecture in Texas only under the following conditions:

(1)

The business employs at least one Landscape Architect on a full-time basis or associates with at least one Landscape Architect pursuant to the provisions of §3.122; and

(2)

The Landscape Architect(s) employed by or associated with the business pursuant to subsection (b)(1) of this section exercise Supervision and Control over all landscape architectural services performed by nonregistrants on behalf of the business.

(c)

No entity other than those qualified under subsections (a) and (b) of this section may use the title "landscape architect" or the term "landscape architecture" in its name or to describe services it offers or performs in Texas or may otherwise represent that it is registered to practice landscape architecture in Texas.

(d)

A person participating in an internship to complete the experiential requirements for landscape architectural registration in Texas may use the title "landscape architectural intern."

§3.124.Business Registration.

(a)

Each business entity or association that uses the title "landscape architect" or the term "landscape architecture" or otherwise represents that it is registered to practice landscape architecture in Texas must register with the Board by submitting a completed business registration form accompanied by at least one duly executed Landscape Architect of Record affidavit. Blank business registration forms and Landscape Architect of Record affidavit forms may be requested by contacting the Board's office.

(b)

Once the Board has received a completed business registration form and a duly executed Landscape Architect of Record affidavit from a business entity or association, the Board shall enter the entity's or association's name into its registry of business entities and associations that are authorized to use the title "landscape architect" and the term "landscape architecture" and otherwise represent that they are registered to practice landscape architecture in Texas.

(c)

If a Landscape Architect who has signed a Landscape Architect of Record affidavit ceases to provide landscape architectural services on behalf of the business entity or association for which the Landscape Architect signed the affidavit, the Landscape Architect must so notify the Board in writing. Such notification must be postmarked within thirty (30) days of the date the Landscape Architect ceases to provide landscape architectural services on behalf of the business entity or association.

(d)

Effective September 1, 2001, the Board may establish a business registration fee. All business entities required to register with the Board pursuant to the provisions of this section shall pay the business registration fee as prescribed by the Board.

(e)

A Landscape Architect who is a sole proprietor doing business under his/her own name shall be exempt from the requirements of subsections (a) - (d) 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 February 7, 2001.

TRD-200100781

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


Subchapter H. PROFESSIONAL CONDUCT

22 TAC §§3.141-3.150

The Texas Board of Architectural Examiners adopts the repeal of §3.141, which seeks to define generally the Board's authority to enforce the Regulation of the Practice of Landscape Architecture (the Act); §3.142, pertaining to a landscape architect's professional responsibility as it affects the property, lives, safety, health, or welfare of the general public; §3.143, relating to a landscape architect's independent professional judgment concerning employment, conflicts of interest with a client or employer, compensation, clients' and employers' property, and the completion or revision of work prepared by others; §3.144, pertaining to minimum standards of competence for landscape architects; §3.145, relating to the conditions under which a landscape architect shall reveal and/or make use of confidences and private information; §3.146, relating to securing landscape architectural work or assignments, advertising, and the representation of a landscape architect's professional qualifications; §3.147, relating to the circumstances under which the Board may require a landscape architect to enter a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse; §3.148, relating to a landscape architect's professional responsibility to uphold the ethical standards of the profession; §3.149, relating to the prevention of unauthorized practice; and §3.150, pertaining to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes and how the Board will identify and evaluate criminal convictions of candidates and registrants. The repeal is being adopted without changes. The proposal to repeal these rules was published in the December 22, 2000, issue of the Texas Register (25 TexReg 12564).

Simultaneously, the agency is adopting new rules with section numbers 3.141 through 3.151 to replace the rules being repealed. Due to the extensive modifications to the new rules, amending the existing rules is less practical than repealing the existing rules and adopting new rules. The modifications are being adopted as a result of the agency's review of Title 22, Chapter 3, Subchapter H, as mandated by Article IX of the General Appropriations Act.

No comments were received regarding the proposal to repeal these rules.

The repeal of these rules is adopted pursuant to Section 4(a) of Article 249c, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to adopt rules necessary to perform its statutory duties; the authority to adopt rules impliedly authorizes the repeal of those rules which have been adopted.

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 February 9, 2001.

TRD-200100851

Cathy L. Hendricks

Executive Director

Texas Board of Architectural Examiners

Effective date: March 1, 2001

Proposal publication date: December 22, 2000

For further information, please call: (512) 305-8535


22 TAC §§3.141-3.151

The Texas Board of Architectural Examiners adopts new §3.141, which generally describes the Board's authority to promulgate rules necessary for the regulation of the practice of landscape architecture and enforcement of Article 249c of Vernon's Texas Civil Statutes (the Act), generally describes the Board's authority to take different types of disciplinary action against a landscape architect or an applicant, lists the factors the Board will consider in determining an appropriate sanction for misconduct, and states that landscape architects must adhere to the Act and Rules even when providing services free of charge; new §3.142, pertaining to minimum competence to perform landscape architectural services and defining "gross incompetency"; new §3.143, defining "recklessness"; new §3.144, relating to the performance or omission of acts with the intent to defraud or deceive, prohibiting a landscape architect from securing landscape architectural work or assignments through false advertising or through advertising that does not display a landscape architectural registration number, and prohibiting a landscape architect from soliciting, offering, giving, or receiving something of value for securing a public project; new §3.145, relating to conflicts of interest; new §3.146, relating to a landscape architect's responsibility to refrain from participating in or aiding or abetting a violation of the Act or Rules, a landscape architect's responsibility to provide information about an applicant's qualifications, and a landscape architect's responsibility to safeguard his or her professional seal; new §3.147, pertaining to the Professional Services Procurement Act; new §3.148, pertaining to the prohibition against unauthorized practice in another jurisdiction, the implications of disciplinary action by another jurisdiction, and the consequences of failure to renew a certificate of registration prior to its expiration; new §3.149, relating to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes and the potential effects of applicants' and registrants' criminal convictions on professional licensure; new §3.150, relating to the circumstances under which substance abuse may affect a landscape architect's licensure and conditions under which the Board may require a landscape architect to enter a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse; and new §3.151, pertaining to the effect of enforcement proceedings on an application for landscape architectural registration. Each rule is being adopted with minor changes which correct grammar and clarify the intent of each rule. The proposal to adopt these rules was published in the December 22, 2000, issue of the Texas Register (25 TexReg 12565).

Due to the proposal of extensive modifications, adopting amendments to the existing rules is less practical than the alternative of repealing the existing sections and adopting new sections. The new rules are being adopted as a result of the agency's review of Title 22, Chapter 3, Subchapter H as mandated by Article IX of the General Appropriations Act.

As a result of the new rules, the standards for professional practice will be better defined and easier to understand and also will better reflect current industry standards.

No comments were received regarding the proposal to adopt these rules

The new rules are adopted pursuant to Section 4(a) and Section 8 of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and take action to enforce them; pursuant to Section 5(d) of Article 249a, Vernon's Texas Civil Statutes, which directs the Board to adopt rules to prevent registrants from participating in violations of the Professional Services Procurement Act; and pursuant to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes, which require the Board to take appropriate action to address criminal convictions entered against registrants and applicants.

§3.141.General.

(a)

These rules of professional conduct are promulgated pursuant to the Landscape Architects' Registration Law (the Act), Article 249c, Vernon's Texas Civil Statutes, which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of landscape architecture and the enforcement of the Act. Except as otherwise noted, these rules of professional conduct apply only to situations which are directly or indirectly related to the practice of landscape architecture.

(b)

The Board may revoke or suspend a Landscape Architect's certificate of registration, place on probation a Landscape Architect whose certificate of registration has been suspended, reprimand a Landscape Architect, or assess an administrative penalty against a Landscape Architect for a violation of any provision of these rules of professional conduct or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to section 3.151. A single instance of misconduct may be grounds for disciplinary action by the Board.

(c)

Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:

(1)

the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;

(2)

the economic damage or potential damage to property caused by the misconduct;

(3)

the respondent's history concerning previous grounds for sanction;

(4)

the sanction necessary to deter future misconduct;

(5)

efforts to correct the misconduct; and

(6)

any other matter justice may require.

(d)

These rules of professional conduct are not intended to suggest or define standards of care in civil actions against Landscape Architects involving their professional conduct.

(e)

A Landscape Architect may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all landscape architectural services rendered regardless of whether the Landscape Architect is paid for the services.

§3.142.Competence.

(a)

A Landscape Architect shall undertake to perform a professional service only when the Landscape Architect, together with those whom the Landscape Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, a Landscape Architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent landscape architects practicing under similar circumstances and conditions.

(b)

A Landscape Architect shall not affix his/her signature or seal to any landscape architectural plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.

(c)

"Gross Incompetency" shall be grounds for disciplinary action by the Board. A Landscape Architect may be found guilty of "Gross Incompetency" under any of the following circumstances:

(1)

the Landscape Architect has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of a Landscape Architect;

(2)

the Landscape Architect engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent landscape architect;

(3)

the Landscape Architect has been adjudicated mentally incompetent by a court; or

(4)

pursuant to section 3.150(b).

§3.143.Recklessness.

(a)

A Landscape Architect shall not practice landscape architecture in any manner which, when measured by generally accepted landscape architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.

(b)

"Recklessness" shall be grounds for disciplinary action by the Board. "Recklessness" shall include the following practices:

(1)

conduct which indicates that the Landscape Architect is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent landscape architect would exercise under the circumstances;

(2)

knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Landscape Architect and such failure jeopardizes any person's health, safety, or welfare; or

(3)

action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.

§3.144.Dishonest Practice.

(a)

A Landscape Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:

(1)

defraud,

(2)

deceive, or

(3)

create a misleading impression.

(b)

A Landscape Architect may not advertise in a manner which is false, misleading, or deceptive. Each advertisement that offers the service of a Landscape Architect in Texas and is found in a telephone directory, e-mail directory, web site, or newspaper must clearly display that Landscape Architect's Texas landscape architectural registration number. If an advertisement is for a business that employs more than one Landscape Architect, only the Texas landscape architectural registration number for one Landscape Architect employed by the firm or associated with the firm pursuant to section 3.122 is required to be displayed.

(c)

A Landscape Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded landscape architectural work.

§3.145.Conflicts of Interest.

(a)

If a Landscape Architect has any business association or financial interest which might reasonably appear to influence the Landscape Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Landscape Architect's client or employer, the Landscape Architect shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest. Unless the client or employer provides written consent after full disclosure regarding the circumstances of the business association or financial interest, the Landscape Architect shall either terminate the business association or financial interest or forego the project or employment.

(b)

A Landscape Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.

(c)

A Landscape Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Landscape Architect is performing or has contracted to perform landscape architectural services.

(d)

The phrase "benefit of any substantial nature" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its acceptance creates an obligation or the appearance of an obligation on the part of the Landscape Architect or otherwise could adversely affect the Landscape Architect's ability to exercise his/her own judgment without regard to such benefit.

§3.146.Responsibility to the Landscape Architectural Profession.

(a)

A Landscape Architect shall not:

(1)

knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board;

(2)

aid or abet, directly or indirectly:

(A)

any unregistered person in connection with the unauthorized practice of landscape architecture;

(B)

any business entity in the practice of landscape architecture unless carried on in accordance with the Act; or

(C)

any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of landscape architecture by any person or any business entity;

(3)

fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct which, if done by him/her, would violate any provision of the Act or any provision of the Rules and Regulations of the Board.

(b)

A Landscape Architect possessing knowledge of an Applicant's qualifications for registration shall cooperate with the Board by responding in writing to the Board regarding those qualifications when requested to do so by the Board.

(c)

A Landscape Architect shall be responsible and accountable for the care, custody, control, and use of his/her landscape architectural seal, professional signature, and other professional identification. A Landscape Architect whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the Board immediately upon discovery of the loss, theft, or misuse. The Board may invalidate the registration number of the lost, stolen, or misused seal upon the request of the Landscape Architect if the Board deems it necessary.

§3.147.Professional Services Procurement Act.

A Landscape Architect shall neither submit a competitive bid to nor solicit a competitive bid on behalf of any governmental entity that is prohibited by the Professional Services Procurement Act, Subchapter A, Chapter 2254, Government Code, from making a selection or awarding a contract on the basis of competitive bids. A Landscape Architect may submit information related to the monetary cost of a professional service, including information found in a fee schedule, only after the governmental entity has selected the Landscape Architect on the basis of demonstrated competence and qualifications pursuant to the Professional Services Procurement Act.

§3.148.Prevention of Unauthorized Practice.

(a)

A Landscape Architect shall not practice or offer to practice landscape architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of landscape architecture in that jurisdiction.

(b)

The revocation, suspension, or denial of a registration to practice landscape architecture in another jurisdiction shall be sufficient cause for the revocation, suspension, or denial of a registration to practice landscape architecture in the State of Texas.

(c)

A Landscape Architect who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the title "landscape architect" until after the Landscape Architect's certificate of registration has been properly renewed.

§3.149.Criminal Convictions.

(a)

Pursuant to Article 6252-13c and Article 6252-13d, Vernon's Texas Civil Statutes, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction of a crime if the crime directly relates to the duties and responsibilities of a registered landscape architect. The following procedures will apply in the consideration of an application for registration as a Landscape Architect or in the consideration of a Registrant's criminal history:

(1)

Each Applicant will be required to provide information regarding the Applicant's criminal history as part of the application process. Each Registrant will be required to report any criminal conviction to the Board within thirty (30) days of the date the conviction is entered by the court and to verify the status of the Registrant's criminal history on each registration renewal form. An Applicant or Registrant shall not be required to report a conviction for a minor traffic offense.

(2)

An Applicant or Registrant who has been convicted of any crime will be required to provide a summary of each conviction in sufficient detail to allow the executive director to determine whether it appears to directly relate to the duties and responsibilities of a registered landscape architect.

(3)

If the executive director determines the conviction might be directly related to the duties and responsibilities of a registered landscape architect, the Board's staff will obtain sufficient details regarding the conviction to allow the Board to determine the effect of the conviction on the Applicant's eligibility for registration or on the Registrant's fitness for continued registration.

(b)

In determining whether a criminal conviction is directly related to the duties and responsibilities of a registered landscape architect, the executive director and the Board will consider the following:

(1)

the nature and seriousness of the crime;

(2)

the relationship of the crime to the purposes for requiring a license to practice landscape architecture;

(3)

the extent to which landscape architectural registration might offer an opportunity to engage in further criminal activity of the same type as that in which the Applicant or Registrant had been involved; and

(4)

the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a registered landscape architect.

(c)

In addition to the factors that may be considered under subsection (b) of this section, the executive director and the Board shall consider the following:

(1)

the extent and nature of the Applicant's or Registrant's past criminal activity;

(2)

the age of the Applicant or Registrant at the time the crime was committed and the amount of time that has elapsed since the Applicant's or Registrant's last criminal activity;

(3)

the conduct and work activity of the Applicant or Registrant prior to and following the criminal activity;

(4)

evidence of the Applicant's or Registrant's rehabilitation or rehabilitative effort;

(5)

other evidence of the Applicant's or Registrant's present fitness to practice as a Landscape Architect, including letters of recommendation from law enforcement officials involved in the prosecution or incarceration of the Applicant or Registrant or other persons in contact with the Applicant or Registrant; and

(6)

proof that the Applicant or Registrant has maintained steady employment and has supported his/her dependents and otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered.

(d)

Crimes directly related to the duties and responsibilities of a registered landscape architect include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of landscape architecture, such as the following:

(1)

criminal negligence;

(2)

soliciting, offering, giving, or receiving any form of bribe;

(3)

the unauthorized use of property, funds, or proprietary information belonging to a client or employer;

(4)

acts relating to the malicious acquisition, use, or dissemination of confidential information related to landscape architecture; and

(5)

any intentional violation as an individual or as a consenting party of any provision of the Act.

(e)

The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.

(f)

If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration. If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.

(g)

If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:

(1)

the reason for rejecting the application or taking action against the Registrant's certificate of registration;

(2)

notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Government Code, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final; and

(3)

the earliest date the person may appeal.

(h)

All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.

§3.150.Substance Abuse.

(a)

If in the course of a disciplinary proceeding, it is found by the Board that a Landscape Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or the Rules and Regulations of the Board, the Board may condition its disposition of the disciplinary matter on the Landscape Architect's completion of a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation at a facility also approved by the Commission.

(b)

A Landscape Architect's abuse of alcohol or a controlled substance that results in the impairment of the Landscape Architect's professional skill so as to cause a direct threat to the property, safety, health, or welfare of the public may be deemed "Gross Incompetency" and may be grounds for the indefinite suspension of a Landscape Architect's certificate of registration until such time as he or she is able to demonstrate to the Board's satisfaction that the reasons for suspension no longer exist and that the termination of the suspension would not endanger the public.

(c)

In order to determine whether abuse of alcohol or a controlled substance contributed to a violation or has resulted in "gross incompetency," the Board may order an examination by one or more health care providers trained in the diagnosis or treatment of substance abuse.

§3.151.Effect Of Enforcement Proceedings On Application.

(a)

The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or rejection until:

(1)

all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;

(2)

the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and

(3)

the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.

(b)

An "enforcement proceeding" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.

(c)

The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the title restrictions of the Act, violated any practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:

(1)

reprimand;

(2)

the imposition of an administrative penalty;

(3)

suspension of the registration certificate upon its effective date;

(4)

rejection of the application; or

(5)

denial of the right to reapply for registration for a period not to exceed five years.

(d)

The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against a Landscape Architect.

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 February 9, 2001.

TRD-200100850

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 1, 2001

Proposal publication date: December 22, 2000

For further information, please call: (512) 305-8535


Chapter 5. INTERIOR DESIGNERS

Subchapter A. SCOPE; DEFINITIONS

22 TAC §5.5

The Texas Board of Architectural Examiners adopts an amendment to Chapter 5, Subchapter A, §5.5 concerning defined terms. The proposal to amend this rule was published in the September 29, 2000, issue of the Texas Register (25 TexReg 9811). The amendment is being adopted without changes. The text of the section will not be republished.

The amendment sets forth a definition for the word "reinstatement."

No public comments were received regarding the proposed amendment.

The amendment is adopted pursuant to Section 5d of Article 249e, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties.

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 February 7, 2001.

TRD-200100783

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: September 29, 2000

For further information, please call: (512) 305-8535


Subchapter G. COMPLIANCE AND ENFORCEMENT

22 TAC §5.131

The Texas Board of Architectural Examiners adopts an amendment to Chapter 5, Subchapter G, §5.131 concerning compliance and enforcement. The proposal to amend this rule was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10101). The amendment is being adopted with changes. The change is to add the words "use of the title "interior designer" and the term "interior design" after the phrase "practice of interior design" as well as other minor changes which help clarify the rule.

No public comment was received.

The amendment is adopted pursuant Article 249e, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

§5.131.General.

In carrying out its responsibility to insure strict enforcement of the Interior Designers' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of interior design and the use of the title "interior designer" and the term "interior design." Violations of the Act or the rules which cannot be readily resolved through settlement shall be disposed of by administrative, civil, or criminal proceedings as authorized by law.

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 February 7, 2001.

TRD-200100784

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


22 TAC §§5.132 - 5.135

The Texas Board of Architectural Examiners adopts the repeal of §5.132 relating to the circumstances under which the application of a person against whom the Board has initiated legal action may be held without approval, disapproval, or rejection; §5.133 relating to the conditions that must be met if an interior designer or interior design firm maintains offices in more than one locality; §5.134 relating to the requirements for properly constituted business entities to acquire corporate status via a No Objection letter issued by the Texas Board of Architectural Examiners; and §5.135 which describes authorized use of the title "Interior Designer" and various constructions thereof by persons, firms, partnerships, corporations, and groups of persons. The proposal to amend this rule was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10102). The repeals are being adopted without changes. The text of the section will not be published.

Simultaneously, the agency is adopting new rules with section numbers 5.132 through 5.134 to replace the rules proposed for repeal. The rule regarding applications has been relocated to Subchapter H. Due to the extensive modifications proposed in the new rules, amending the existing rules is less practical than repealing the existing rules and publishing new rules. The modifications are being made as a result of the agency's review of Title 22, Chapter 5, Subchapter G as mandated by Article IX of the General Appropriations Act.

No public comments were received regarding the proposed amendment.

The repeal is adopted pursuant to Section 5(d) of Article 249e, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules.

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 February 7, 2001.

TRD-200100786

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


22 TAC §§5.132 - 5.134

The Texas Board of Architectural Examiners adopts new §5.132 relating to the conditions that must be satisfied in order for an Interior Designer to associate to provide services designated as "interior design" jointly with a person who is not a registered interior designer or with a group of unregistered persons; new §5.133 which describes authorized use of the title "interior designer" and the term "interior design" by persons, firms, partnerships, corporations, or groups of persons; and new §5.134 relating to a business entity's responsibility to register with the Board in order to use the title "interior designer" or the term "interior design." The proposal to adopt these rules was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10102). The new rules are being adopted with changes. The changes are intended to clarify the Board's intent and make the rules easier to understand and follow.

Due to the proposal of extensive modifications, publishing amendments to the existing rules is less practical than the alternative of repealing the existing sections and publishing new sections. The new rules are being proposed as a result of the agency's review of Title 22, Chapter 5, Subchapter G as mandated by Article IX of the General Appropriations Act. The new §5.132 requires any Interior Designer who forms a business association with a nonregistrant or group of nonregistrants to enter into a written agreement of association whereby the Interior Designer agrees to be responsible for the preparation of all Construction Documents and interior design work. The section defines what shall be included in the agreement of association, requires that all Construction Documents prepared pursuant to the association be sealed, signed, dated, and retained by the Interior Designer who sealed them for ten (10) years from the date of completion of the project. New §5.133 authorizes only Interior Designers duly registered in Texas to use the term "interior design" or the term "interior designer" to describe themselves or services they offer or perform in Texas and defines the circumstances under which a firm, partnership, corporation, or other business association may use the term "interior designer" or the term "interior design" in its name or to describe services it offers or performs in Texas. New §5.134 seeks to ensure that every business entity or association that offers or provides interior design services in Texas be registered with the Board by submitting a business registration application form accompanied by at least one Interior Designer of Record affidavit. It requires the signer of an Interior Designer of Record affidavit to notify the Board in writing if he or she ceases to provide interior design services on behalf of the business entity or association. It authorizes the Board to establish an initial business registration fee.

No public comments were received regarding the proposed rules.

The new sections are adopted pursuant to Section 3 and Section 5(d) of Article 249e, Vernon's Texas Civil Statutes, which prohibit unregistered persons from using the title "interior designer" and the term "interior design" and also provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary to carry out its statutory duty to enforce the Act.

§5.132.Association.

(a)

An Interior Designer who forms a business association, either formally or informally, to jointly offer services designated as "interior design" with any person who is not a duly registered Texas Interior Designer or bona fide employee working in the same firm where the Interior Designer is employed or with any group of individuals who are not duly registered Texas Interior Designers shall, prior to offering such services on behalf of the business association, enter into a written agreement of association with the nonregistrant whereby the Interior Designer agrees to be responsible for the preparation of all Construction Documents prepared and issued for use in Texas pursuant to the agreement of association. All Construction Documents prepared and issued for use in Texas pursuant to the agreement of association shall be prepared by the Interior Designer or under the Interior Designer's supervision and control.

(b)

The written agreement of association shall be signed by all parties to the agreement. In addition to the provisions of subsection (a) of this section, the written agreement of association shall contain the following:

(1)

The date when the agreement to associate is effective and the approximate date when the association will be dissolved if such association is not to be a continuing relationship. If the association is to be a continuing relationship, that fact shall be so noted in the agreement. If the association is only for one project, the project shall be identified in the agreement of association by listing both the client's and the project's names and addresses.

(2)

The name, address, telephone number, registration number, and signature of each Interior Designer who has agreed to associate with the nonregistrant(s).

(3)

The name, address, telephone number, and signature of each nonregistrant with whom the Interior Designer has agreed to associate.

(c)

All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.

(d)

Paper or microform copies of all Construction Documents resulting from the association, together with the written agreement of association, shall be retained by the Interior Designer who sealed them and made available for review by the Board for ten (10) years from the date of substantial completion of each project.

§5.133.Titles.

(a)

Interior Designers duly registered in Texas are authorized to use the title "interior designer" to describe themselves and use the term "interior design" to describe services they offer and perform in Texas.

(b)

A firm, partnership, corporation, or other business association may use the title "interior designer" or the term "interior design" in its name or to describe services it offers or performs in Texas only under the following conditions:

(1)

The business employs at least one Interior Designer on a full-time basis or associates with at least one Interior Designer pursuant to the provisions of section 5.132; and

(2)

The Interior Designer(s) employed by or associated with the business pursuant to subsection (b)(1) of this section exercise Supervision and Control over all interior design services performed by nonregistrants on behalf of the business.

(c)

No entity other than those qualified under subsections (a) and (b) of this section may use the title "interior designer" or the term "interior design" in its name or to describe services it offers or performs in Texas.

(d)

A person participating in an internship to complete the experiential requirements for interior design registration in Texas may use the title "interior design intern."

§5.134.Business Registration.

(a)

Each business entity or association that uses the title "interior designer" or the term "interior design" to describe itself or a service it offers or performs in Texas must register with the Board by submitting a completed business registration form accompanied by at least one duly executed Interior Designer of Record affidavit. Blank business registration forms and Interior Designer of Record affidavit forms may be requested by contacting the Board's office.

(b)

Once the Board has received a completed business registration form and a duly executed Interior Designer of Record affidavit from a business entity or association, the Board shall enter the entity's or association's name into its registry of business entities and associations that are authorized to use the title "interior designer" and the term "interior design" to describe themselves and services they offer and perform in Texas.

(c)

If an Interior Designer who has signed an Interior Designer of Record affidavit ceases to provide interior design services on behalf of the business entity or association for which the Interior Designer signed the affidavit, the Interior Designer must notify the Board in writing. Such notification must be postmarked within thirty (30) days of the date the Interior Designer ceases to provide interior design services on behalf of the business entity or association.

(d)

Effective September 1, 2001, the Board may establish a business registration fee. All business entities required to register with the Board pursuant to the provisions of this section shall pay the business registration fee as prescribed by the Board.

(e)

An Interior Designer who is a sole proprietor doing business under his/her own name shall be exempt from the requirements of subsections (a) - (d) 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 February 7, 2001.

TRD-200100785

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: February 27, 2001

Proposal publication date: October 6, 2000

For further information, please call: (512) 305-8535


Subchapter H. PROFESSIONAL CONDUCT

22 TAC §§5.151-5.160

The Texas Board of Architectural Examiners adopts the repeal of §5.151, which seeks to define generally the Board's authority to enforce the Regulation of the Practice of Interior Design (the Act); §5.152, pertaining to an interior designer's professional responsibility as it affects the property, lives, safety, health, or welfare of the general public; §5.153, pertaining to an interior designer's independent professional judgment concerning employment, conflicts of interest with a client or employer, compensation, clients' and employers' property, and the completion or revision of work prepared by others; §5.154, pertaining to minimum standards of competence for interior designers; §5.155, pertaining to the conditions under which an interior designer shall reveal and/or make use of confidences and private information; §5.156, pertaining to securing interior design work or assignments, advertising, and the representation of an interior designer's professional qualifications; §5.157, pertaining to the circumstances under which the Board may require an interior designer to enter a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse; §5.158, pertaining to an interior designer's professional responsibility to uphold the ethical standards of the profession; §5.159, pertaining to the prevention of unauthorized practice; and §5.160, pertaining to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes and how the Board will identify and evaluate criminal convictions of candidates and registrants. The repeal is being adopted without changes. The proposal to repeal these rules was published in the December 22, 2000, issue of the Texas Register (25 TexReg 12569).

Simultaneously, the agency is adopting new rules with section numbers 5.151 through 5.160 to replace the rules being repealed. Due to the extensive modifications to the new rules, amending the existing rules is less practical than repealing the existing rules and adopting new rules. The modifications are being adopted as a result of the agency's review of Title 22, Chapter 5, Subchapter H, as mandated by Article IX of the General Appropriations Act.

No comments were received regarding the proposal to repeal these rules.

The repeal of these rules is adopted pursuant to Section 5(d) of Article 249e, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to adopt rules necessary to perform its statutory duties; the authority to adopt rules impliedly authorizes the repeal of those rules which have been adopted.

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 February 9, 2001.

TRD-200100853

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 1, 2001

Proposal publication date: December 22, 2000

For further information, please call: (512) 305-8535


22 TAC §§5.151-5.160

The Texas Board of Architectural Examiners adopts new §5.151, which generally describes the Board's authority to promulgate rules necessary for the regulation of the practice of interior design and enforcement of Article 249e of Vernon's Texas Civil Statutes (the Act), generally describes the Board's authority to take different types of disciplinary action against an interior designer or an applicant, lists the factors the Board will consider in determining an appropriate sanction for misconduct, and states that interior designers must adhere to the Act and Rules even when providing services free of charge; new §5.152, pertaining to minimum competence to perform interior design services and defining "gross incompetency"; new §5.153, defining "recklessness"; new §5.154, relating to the performance or omission of acts with the intent to defraud or deceive, prohibiting an interior designer from securing interior design work or assignments through false advertising or through advertising that does not display an interior design registration number, and prohibiting an interior designer from soliciting, offering, giving, or receiving something of value for securing a public project; new §5.155, relating to conflicts of interest; new §5.156, relating to an interior designer's responsibility to refrain from participating in or aiding or abetting a violation of the Act or Rules, an interior designer's responsibility to provide information about an applicant's qualifications, and an interior designer's responsibility to safeguard his or her professional seal; new §5.157, pertaining to the prohibition against unauthorized practice in another jurisdiction, the implications of disciplinary action by another jurisdiction, and the consequences of failure to renew a certificate of registration prior to its expiration; new §5.158, relating to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes and the potential effects of applicants' and registrants' criminal convictions on professional licensure; new §5.159, relating to the circumstances under which substance abuse may affect an interior designer's licensure and conditions under which the Board may require an interior designer to enter a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse; and new §5.160, pertaining to the effect of enforcement proceedings on an application for interior design registration. Each rule is being adopted with minor changes which correct grammar and clarify the intent of each rule. The proposal to adopt these rules was published in the December 22, 2000, issue of the Texas Register (25 TexReg 12569).

Due to the proposal of extensive modifications, adopting amendments to the existing rules is less practical than the alternative of repealing the existing sections and adopting new sections. The new rules are being adopted as a result of the agency's review of Title 22, Chapter 5, Subchapter H as mandated by Article IX of the General Appropriations Act.

As a result of the new rules, the standards for professional practice will be better defined and easier to understand and also will better reflect current industry standards.

No comments were received regarding the proposal to adopt these rules

The new rules are adopted pursuant to Sections 5(b), 5(d), 5(g), 15, and 17(a) of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and take action to enforce them; and pursuant to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes, which require the Board to take appropriate action to address criminal convictions entered against registrants and applicants.

§5.151.General.

(a)

These rules of professional conduct are promulgated pursuant to the Interior Designers' Registration Law (the Act), Article 249e, Vernon's Texas Civil Statutes, which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of interior design and the enforcement of the Act. Except as otherwise noted, these rules of professional conduct apply only to situations which are directly or indirectly related to the practice of interior design.

(b)

The Board may revoke or suspend an Interior Designer's certificate of registration, place on probation an Interior Designer whose certificate of registration has been suspended, reprimand an Interior Designer, or assess an administrative penalty against an Interior Designer for a violation of any provision of these rules of professional conduct or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to section 5.160. A single instance of misconduct may be grounds for disciplinary action by the Board.

(c)

Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:

(1)

the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;

(2)

the economic damage or potential damage to property caused by the misconduct;

(3)

the respondent's history concerning previous grounds for sanction;

(4)

the sanction necessary to deter future misconduct;

(5)

efforts to correct the misconduct; and

(6)

any other matter justice may require.

(d)

These rules of professional conduct are not intended to suggest or define standards of care in civil actions against Interior Designers involving their professional conduct.

(e)

An Interior Designer may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all interior design services rendered regardless of whether the Interior Designer is paid for the services.

§5.152.Competence.

(a)

An Interior Designer shall undertake to perform a professional service only when the Interior Designer, together with those whom the Interior Designer shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, an Interior Designer shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent interior designers practicing under similar circumstances and conditions.

(b)

An Interior Designer shall not affix his/her signature or seal to any interior design plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.

(c)

"Gross Incompetency" shall be grounds for disciplinary action by the Board. An Interior Designer may be found guilty of "Gross Incompetency" under any of the following circumstances:

(1)

the Interior Designer has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of an Interior Designer;

(2)

the Interior Designer engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent interior designer;

(3)

the Interior Designer has been adjudicated mentally incompetent by a court; or

(4)

pursuant to section 5.159(b).

§5.153.Recklessness.

(a)

An Interior Designer shall not practice interior design in any manner which, when measured by generally accepted interior design standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.

(b)

"Recklessness" shall be grounds for disciplinary action by the Board. "Recklessness" shall include the following practices:

(1)

conduct which indicates that the Interior Designer is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent interior designer would exercise under the circumstances;

(2)

knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Interior Designer and such failure jeopardizes any person's health, safety, or welfare; or

(3)

action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.

§5.154.Dishonest Practice.

(a)

An Interior Designer may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:

(1)

defraud,

(2)

deceive, or

(3)

create a misleading impression.

(b)

An Interior Designer may not advertise in a manner which is false, misleading, or deceptive. Each advertisement that offers the services of an Interior Designer in Texas and is found in a telephone directory, e-mail directory, web site, or newspaper must clearly display that Interior Designer's Texas interior design registration number. If an advertisement is for a business that employs more than one Interior Designer, only the Texas interior design registration number for one Interior Designer employed by the firm or associated with the firm pursuant to section 5.132 is required to be displayed.

(c)

An Interior Designer may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded interior design work.

§5.155.Conflicts Of Interest.

(a)

If an Interior Designer has any business association or financial interest which might reasonably appear to influence the Interior Designer's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Interior Designer's client or employer, the Interior Designer shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest. Unless the client or employer provides written consent after full disclosure regarding the circumstances of the business association or financial interest, the Interior Designer shall either terminate the business association or financial interest or forego the project or employment.

(b)

An Interior Designer shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.

(c)

An Interior Designer shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Interior Designer is performing or has contracted to perform interior design services.

(d)

The phrase "benefit of any substantial nature" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its acceptance creates an obligation or the appearance of an obligation on the part of the Interior Designer or otherwise could adversely affect the Interior Designer's ability to exercise his/her own judgment without regard to such benefit.

§5.156.Responsibility to the Interior Design Profession.

(a)

An Interior Designer shall not:

(1)

knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board;

(2)

aid or abet, directly or indirectly:

(A)

any unregistered person in connection with the unauthorized practice of interior design;

(B)

any business entity in the practice of interior design unless carried on in accordance with the Act; or

(C)

any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of interior design by any person or any business entity;

(3)

fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct which, if done by him/her, would violate any provision of the Act or any provision of the Rules and Regulations of the Board.

(b)

An Interior Designer possessing knowledge of an Applicant's qualifications for registration shall cooperate with the Board by responding in writing to the Board regarding those qualifications when requested to do so by the Board.

(c)

An Interior Designer shall be responsible and accountable for the care, custody, control, and use of his/her interior design seal, professional signature, and other professional identification. An Interior Designer whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the Board immediately upon discovery of the loss, theft, or misuse. The Board may invalidate the registration number of the lost, stolen, or misused seal upon the request of the Interior Designer if the Board deems it necessary.

§5.157.Prevention of Unauthorized Practice.

(a)

An Interior Designer shall not practice or offer to practice interior design in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of interior design in that jurisdiction.

(b)

The revocation, suspension, or denial of a registration to practice interior design in another jurisdiction shall be sufficient cause for the revocation, suspension, or denial of a registration to practice interior design in the State of Texas.

(c)

An Interior Designer who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the title "interior designer" to describe himself/herself and shall not use the term "interior design" to describe a service he/she offers or performs until after the Interior Designer's certificate of registration has been properly renewed.

§5.158.Criminal Convictions.

(a)

Pursuant to Article 6252-13c and Article 6252-13d, Vernon's Texas Civil Statutes, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction of a crime if the crime directly relates to the duties and responsibilities of a registered interior designer. The following procedures will apply in the consideration of an application for registration as an Interior Designer or in the consideration of a Registrant's criminal history:

(1)

Each Applicant will be required to provide information regarding the Applicant's criminal history as part of the application process. Each Registrant will be required to report any criminal conviction to the Board within thirty (30) days of the date the conviction is entered by the court and to verify the status of the Registrant's criminal history on each registration renewal form. An Applicant or Registrant shall not be required to report a conviction for a minor traffic offense.

(2)

An Applicant or Registrant who has been convicted of any crime will be required to provide a summary of each conviction in sufficient detail to allow the executive director to determine whether it appears to directly relate to the duties and responsibilities of a registered interior designer.

(3)

If the executive director determines the conviction might be directly related to the duties and responsibilities of a registered interior designer, the Board's staff will obtain sufficient details regarding the conviction to allow the Board to determine the effect of the conviction on the Applicant's eligibility for registration or on the Registrant's fitness for continued registration.

(b)

In determining whether a criminal conviction is directly related to the duties and responsibilities of a registered interior designer, the executive director and the Board will consider the following:

(1)

the nature and seriousness of the crime;

(2)

the relationship of the crime to the purposes for requiring a license to practice interior design;

(3)

the extent to which interior design registration might offer an opportunity to engage in further criminal activity of the same type as that in which the Applicant or Registrant had been involved; and

(4)

the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a registered interior designer.

(c)

In addition to the factors that may be considered under subsection (b) of this section, the executive director and the Board shall consider the following:

(1)

the extent and nature of the Applicant's or Registrant's past criminal activity;

(2)

the age of the Applicant or Registrant at the time the crime was committed and the amount of time that has elapsed since the Applicant's or Registrant's last criminal activity;

(3)

the conduct and work activity of the Applicant or Registrant prior to and following the criminal activity;

(4)

evidence of the Applicant's or Registrant's rehabilitation or rehabilitative effort;

(5)

other evidence of the Applicant's or Registrant's present fitness to practice as an Interior Designer, including letters of recommendation from law enforcement officials involved in the prosecution or incarceration of the Applicant or Registrant or other persons in contact with the Applicant or Registrant; and

(6)

proof that the Applicant or Registrant has maintained steady employment and has supported his/her dependents and otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered.

(d)

Crimes directly related to the duties and responsibilities of a registered interior designer include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of interior design, such as the following:

(1)

criminal negligence;

(2)

soliciting, offering, giving, or receiving any form of bribe;

(3)

the unauthorized use of property, funds, or proprietary information belonging to a client or employer;

(4)

acts relating to the malicious acquisition, use, or dissemination of confidential information related to interior design; and

(5)

any intentional violation as an individual or as a consenting party of any provision of the Act.

(e)

The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.

(f)

If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration. If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.

(g)

If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:

(1)

the reason for rejecting the application or taking action against the Registrant's certificate of registration;

(2)

notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Government Code, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final; and

(3)

the earliest date the person may appeal.

(h)

All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.

§5.159.Substance Abuse.

(a)

If in the course of a disciplinary proceeding, it is found by the Board that an Interior Designer's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or the Rules and Regulations of the Board, the Board may condition its disposition of the disciplinary matter on the Interior Designer's completion of a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation at a facility also approved by the Commission.

(b)

An Interior Designer's abuse of alcohol or a controlled substance that results in the impairment of the Interior Designer's professional skill so as to cause a direct threat to the property, safety, health, or welfare of the public may be deemed "Gross Incompetency" and may be grounds for the indefinite suspension of an Interior Designer's certificate of registration until such time as he or she is able to demonstrate to the Board's satisfaction that the reasons for suspension no longer exist and that the termination of the suspension would not endanger the public.

(c)

In order to determine whether abuse of alcohol or a controlled substance contributed to a violation or has resulted in "gross incompetency," the Board may order an examination by one or more health care providers trained in the diagnosis or treatment of substance abuse.

§5.160.Effect of Enforcement Proceedings on Application.

(a)

The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or rejection until:

(1)

all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;

(2)

the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and

(3)

the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.

(b)

An "enforcement proceeding" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.

(c)

The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the title restrictions of the Act, violated any practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:

(1)

reprimand;

(2)

the imposition of an administrative penalty;

(3)

suspension of the registration certificate upon its effective date;

(4)

rejection of the application; or

(5)

denial of the right to reapply for registration for a period not to exceed five years.

(d)

The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against an Interior Designer.

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 February 9, 2001.

TRD-200100852

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 1, 2001

Proposal publication date: December 22, 2000

For further information, please call: (512) 305-8535