TITLE 22.EXAMINING BOARDS

Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

Chapter 1. ARCHITECTS

Subchapter E. FEES

22 TAC §1.81

The Texas Board of Architectural Examiners adopts an amendment to §1.81 for Title 22, Chapter 1, Subchapter E, concerning the establishment, payment, and timely payment of fees established by the Board. This rule is being adopted with changes. The proposal to adopt this amendment was published in the December 28, 2001, issue of the Texas Register , TRD-20018013 (26 TexReg 10698).

The change to the amendment as proposed is to include fees established by the Legislature to those established by the Board. This rule is intended to clarify the rule's requirements and ensure that they are consistent with governing law. The amendment to the rule is being adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter E, as mandated by the Legislature.

This rule will require the Board to establish a fee schedule in a public meeting and publish it, designate methods of payment, and describe penalties for paying fees with dishonored checks.

The agency received no comments regarding the proposal to adopt this rule.

The amendment to this rule is adopted pursuant to §3(b) and §3(h) of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and establish fees.

§1.81.General.

(a) In addition to any fees established by the Legislature, fees shall be established by the Board at a public meeting and shall be published in the Texas Register .

(b) Payment of any fee established by the Board may be made only by check or money order made payable to the Texas Board of Architectural Examiners.

(c) An official postmark from the U.S. Postal Service may be presented to the Board to demonstrate the timely payment of any fee.

(d) If a check is submitted to the Board to pay a fee and the bank upon which the check is drawn refuses to pay the check, the fee shall be considered unpaid and any applicable late fees shall accrue.

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 March 5, 2002.

TRD-200201334

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


22 TAC §§1.82 - 1.89

The Texas Board of Architectural Examiners adopts the repeal of the following rules for Title 22, Chapter 1, Subchapter E: §1.82 pertaining to the application, examination and initial registration fees; §1.83 pertaining to the annual record maintenance fee; §1.84 pertaining to the annual registration and renewal fees; §1.85 pertaining to the reinstatement fee ; §1.86 pertaining to the reciprocal transfer fee; §1.87 pertaining to the replacement certificate fee; §1.88 pertaining to the emeritus fee; and §1.89 pertaining to the inactive fee. The proposal to repeal these rules was published in the December 28, 2001, issue of the Texas Register , TRD-200108012 (26 TexReg 10699).

Simultaneously, the agency is adopting a new §1.82 to replace the rules being repealed. Due to the extensive modifications in the new rules, amending the existing rules is less practical than repealing the existing rules and adopting a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 1, Subchapter E, as mandated by the Legislature.

As a result of the repeal, the new rule will provide a clearly stated, efficient procedure for establishing fees and the rules governing fees will be easier to understand.

The agency received no comments regarding the proposal to repeal these rules.

The repeal is adopted pursuant to §3(b) and §5(b) of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and include implied authority to repeal rules that have been promulgated.

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 March 5, 2002.

TRD-200201333

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


22 TAC §1.82

The Texas Board of Architectural Examiners adopts new §1.82 for Title 22, Chapter 1, Subchapter E, concerning annual fees. The proposal to adopt this rule was published in the December 28, 2001 issue of the Texas Register , TRD-200108014 (26 TexReg 10699). This rule is being adopted without changes and the text will not be republished.

Due to extensive modifications to Subchapter E, adopting an amendment to the existing rules is less practical than the alternative of repealing the existing rules and adopting a new rule. The new rule is being adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter E, as mandated by the Legislature.

This rule requires the Board to notify, by mail, each person who must pay an annual fee and requires the annual fee to be paid regardless of whether the notice is received. It requires each registrant to pay the annual renewal fee on or before the designated expiration date and additionally requires the payment of a penalty fee if the renewal payment is late. It states that if the payment for renewal is not made within one year after the designated expiration date, the registrant's certificate of registration may be revoked. It requires the Board to send to the registrant's current address of record a notice of pending revocation if the registrant fails to renew the registration within one year of the expiration date.

As a result of the new rule, the rule's requirements will be easier to understand and will be consistent with governing law.

The agency received no comments regarding the proposal to adopt this rule.

The new rule is adopted pursuant to Section 12 of Article 249a, Vernon's Texas Civil Statutes, which governs registration renewal for architects.

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 March 5, 2002.

TRD-200201335

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


Subchapter J. INTERN DEVELOPMENT TRAINING REQUIREMENT

22 TAC §1.191, §1.192

The Texas Board of Architectural Examiners adopts new rules §1.191 and §1.192 for Title 22, Chapter 1, Subchapter J, concerning intern development training requirements for architectural applicants. §1.192 is being adopted with changes. The proposal to adopt these new rules was published in the December 28, 2001, issue of the Texas Register , (26 TexReg 10700), TRD #200108015. §1.191 is being adopted without changes and the text for this rule will not be republished.

The change to §1.192 involves removing "completion of ninety-six semester credit hours as evaluated in accordance with the National Council of Architectural Registration Boards (NCARB) Education Requirement, of which no more than sixty hours can be in the general education category" as a way to earn credit for Training Units. As a result of the new rule, the registration requirements will be clearly established and readily accessible. The new rules are being adopted as a result of the agency's review of Title 22, Chapter 1, Subchapter J, as mandated by the Legislature.

§1.191 describes the minimum training units required for subjects related to design and construction documents, construction and administration, and management as well as the maximum training units awarded under the various training settings. §1.192 sets forth additional criteria that apply to the intern development training requirements.

The agency received no comments regarding the proposal to adopt these rules.

The new rule is adopted pursuant to Sections 3(b), 5(b) and 7 of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and establish registration requirements.

§1.192.Additional Criteria.

(a) One Training Unit shall equal eight hours of acceptable experience.

(b) An Applicant may earn credit for Training Units only after satisfactory completion of any one of the following:

(1) three (3) years in a professional program accredited by the National Architectural Accreditation Board (NAAB) or in an architectural education program outside the United States where an evaluation by NAAB or another organization acceptable to the Board has concluded that the program is substantially equivalent to an NAAB-accredited professional program;

(2) the third year of a four-year pre-professional degree program in architecture accepted for direct entry to a two-year NAAB-accredited professional master's degree program; or

(3) one (1) year in an NAAB-accredited professional master's degree program following receipt of a non-professional degree.

(c) In order to earn credit for Training Units in any work setting other than a post-professional degree or teaching or research, an Applicant must:

(1) work at least thirty-five (35) hours per week for a minimum period of ten (10) consecutive weeks; or

(2) work at least twenty (20) hours per week for six (6) or more consecutive months.

(d) To earn credit for Training Units for teaching or research, an Applicant must be employed in the teaching or research position on a full-time basis.

(e) One year in an architectural education program shall equal thirty-two (32) semester credit hours or forty-eight (48) quarter credit hours. An Applicant may not earn credit for Training Units for experience that was counted toward the educational requirements for architectural registration by examination.

(f) Every training activity, the setting in which it took place, and the time devoted to the activity must be verified by the person who supervised the activity.

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 March 5, 2002.

TRD-200201352

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


Chapter 3. LANDSCAPE ARCHITECTS

Subchapter E. FEES

22 TAC §3.81

The Texas Board of Architectural Examiners adopts an amendment to rule §3.81 for Title 22, Chapter 3, Subchapter E, concerning the establishment, payment, and timely payment of fees established by the Board. This rule is being adopted with changes. The proposal to adopt this amendment was published in the December 28, 2001, issue of the Texas Register , (26 TexReg 10705), TRD #20018022.

The change to the amendment as proposed is to include fees established by the Legislature to those established by the Board. This rule is intended to clarify the rules requirements and ensure that they are consistent with governing law. The amendment to the rule is being adopted as a result of the agency's review of Title 22, Chapter 3, Subchapter E, as mandated by Legislature.

This rule will require the Board to establish a fee schedule in a public meeting and publish it, designate methods of payment, and describe penalties for paying fees with dishonored checks.

The agency received no comments regarding the proposal to adopt this rule.

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

§3.81.General.

(a) In addition to any fees established by the Legislature, fees shall be established by the Board at a public meeting and shall be published in the Texas Register.

(b) Payment of any fee established by the Board may be made only by check or money order made payable to the Texas Board of Architectural Examiners.

(c) An official postmark from the U.S. Postal Service may be presented to the Board to demonstrate the timely payment of any fee.

(d) If a check is submitted to the Board to pay a fee and the bank upon which the check is drawn refuses to pay the check, the fee shall be considered unpaid and any applicable late fees shall accrue.

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 March 5, 2002.

TRD-200201337

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


22 TAC §§3.82 - 3.90

The Texas Board of Architectural Examiners adopts the repeal of the following rules for Title 22, Chapter 3 Subchapter E: §3.82 pertaining to the application and examination fees; §3.83 pertaining to the reexamination fee; §3.84 pertaining to the annual registration and renewal fees; §3.85 pertaining to the reinstatement fees; §3.86 pertaining to the reciprocal transfer fees; §3.87 pertaining to the replacement certificate fees; §3.88 pertaining to the emeritus fees; and §3.89 pertaining to the examination review fee, and §3.90 pertaining to the inactive fee. The proposal to repeal these rules was published in the December 28, 2001, issue of the Texas Register , (26 TexReg 10705), TRD #200108021. This rule is being adopted without changes and the text will not be republished.

Simultaneously, the agency is adopting a new rule with section number 1.82 to replace the rules being repealed. Due to the extensive modifications in the new rules, amending the existing rules is less practical than repealing the existing rules and adopting a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 3, Subchapter E, as mandated by the Legislature.

As a result of the repeal, the new rule will provide a clearly stated, efficient procedure for establishing fees and the rules governing fees will be easier to understand.

The agency received no comments regarding the proposal to repeal these rules.

The repeal is adopted pursuant to Section 4(a) of Article 249(c), Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and includes implied authority to repeal rules that have been promulgated.

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 March 5, 2002.

TRD-200201336

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


22 TAC §3.82

The Texas Board of Architectural Examiners adopts new rule §3.82 for Title 22, Chapter 3, Subchapter E, concerning annual fees. The proposal to adopt this rule was published in the December 28, 2001, issue of the Texas Register , (26 TexReg 10706), TRD #200108023. This rule is being adopted without changes and the text will not be republished.

Due to extensive modifications to Subchapter E, adopting an amendment to the existing rule is less practical than the alternative of repealing the existing rule and adopting a new rule. The new rule is being adopted as a result of the agency's review of Title 22, Chapter 3, Subchapter E, as mandated by Legislature.

This rule requires the Board to notify, by mail, each person who must pay an annual fee and requires the annual fee to be paid regardless of whether the notice is received. It requires each registrant to pay the annual renewal fee on or before the designated expiration date and additionally requires the payment of a penalty fee if the renewal payment is late. It states that if the payment for renewal is not made within one year after the designated expiration date, the registrant's certificate of registration may be revoked. It requires the Board to send to the registrant's current address of record a notice of pending revocation if the registrant fails to renew the registration within one year of the expiration date.

As a result of the new rule the rule's requirements will be easier to understand and will be consistent with governing law.

The agency received no comments regarding the proposal to adopt this rule.

The new rule is adopted pursuant to Section 14 of Article 249c, Vernon's Texas Civil Statutes, which governs registration renewal for landscape architects.

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 March 5, 2002.

TRD-200201338

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


Subchapter J. TABLE OF EQUIVALENTS FOR EXPERIENCE IN LANDSCAPE ARCHITECTURE

22 TAC §3.191, §3.192

The Texas Board of Architectural Examiners adopts new rules §3.191 and §3.192 for Title 22, Chapter 3, Subchapter J, concerning the table of equivalents for experience in landscape architecture. §3.191 is being adopted with changes. The proposal to adopt these new rules was published in the December 28, 2001 issue of the Texas Register , (26 TexReg 10707) TRD-200108024. Section 3.192 is also being adopted with changes due to a typographical error by the Texas Register staff. The change to §3.191 is to change "for partial credit" to "for half credit" in (c)(2). As a result of the new rules the requirements for registration will be clearly established and readily accessible. The new rules are being proposed as a result of the agency's review of Title 22, Chapter 3, Subchapter J, as mandated by the Legislature.

Section 3.191 describes the types of experience required and the maximum credit awarded for the various types of experience. Section 3.192 describes how experience other than what is described in §3.191 may be earned.

The new rule is adopted pursuant to Sections 4(a) and 5 of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and establish registration requirements.

§3.191.Description of Experience Required for Registration by Examination.

(a) Pursuant to Section 3.21 of Subchapter B, an Applicant must successfully demonstrate that he/she has gained at least two (2) years' actual experience in accordance with the following table:

Figure: 22 TAC §3.191(a)

(b) An Applicant must earn at least one year of credit under the conditions described in category LA-1.

(c) In order to earn credit in category LA-1, LA-2, or LA-3, an Applicant must:

(1) work at least thirty-five (35) hours per week for a minimum of ten (10) consecutive weeks; or

(2) for half credit, work between twenty (20) and thirty-four (34) hours per week for a minimum of six (6) consecutive months.

(d) In order to earn credit in category LA-4, an Applicant must teach subjects that are directly related to the practice of landscape architecture. An Applicant may earn one year of credit by teaching for twenty (20) semester credit hours or thirty (30) quarter credit hours.

(e) An Applicant may not earn credit for experience gained prior to the date the Applicant completed the educational requirements for landscape architectural registration by examination in Texas.

§3.192.Other Experience.

An Applicant may earn credit for experience other than under the conditions described in Section 3.191 of this subchapter if the Board considers such experience to be substantially equivalent to the experience described therein. For purposes of this subsection, education may be considered as experience.

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 March 5, 2002.

TRD-200201353

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


Chapter 5. INTERIOR DESIGNERS

Subchapter E. FEES

22 TAC §5.91

The Texas Board of Architectural Examiners adopts an amendment to rule §5.91 for Title 22, Chapter 5, Subchapter E, concerning the establishment, payment, and timely payment of fees established by the Board. This rule is being adopted with changes. The proposal to adopt this amendment was published in the December 28, 2001 issue of the Texas Register , (26 TexReg 10711) TRD 20018031.

The change to the amendment as proposed is to include fees established by the Legislature to those established by the Board. This rule is intended to clarify the rule's requirements and ensure that they are consistent with governing law. The amendment to the rule is being adopted as a result of the agency's review of Title 22, Chapter 5, Subchapter E, as mandated by the Legislature.

This rule will require the Board to establish a fee schedule in a public meeting and publish it, designate methods of payment, and describe penalties for paying fees with dishonored checks.

The agency received no comments regarding the proposal to adopt this rule.

The amendment to this rule is adopted pursuant to Sections 5(d) and 6 of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and establish law.

§5.91. General.

(a) In addition to any fees established by the Legislature, fees shall be established by the Board at a public meeting and shall be published in the Texas Register.

(b) Payment of any fee established by the Board may be made only by check or money order made payable to the Texas Board of Architectural Examiners.

(c) An official postmark from the U.S. Postal Service may be presented to the Board to demonstrate the timely payment of any fee.

(d) If a check is submitted to the Board to pay a fee and the bank upon which the check is drawn refuses to pay the check, the fee shall be considered unpaid and any applicable late fees shall accrue.

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 March 5, 2002.

TRD-200201340

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


22 TAC §§5.92 - 5.100

The Texas Board of Architectural Examiners adopts the repeal of the following rules for Title 22, Chapter 5, Subchapter E: §5.92 pertaining to the application without examination fee; §5.93 pertaining to the application, examination and initial registration fees; §5.94 pertaining to the reexamination fee; §5.95 pertaining to the annual registration and renewal fees; §5.96 pertaining to the reinstatement fee; §5.97 pertaining to the reciprocal transfer fee; §5.98 pertaining to the replacement certificate fee; §5.99 pertaining to the emeritus fee, and §5.100 pertaining to the inactive fee. The proposal to repeal these rules was published in the December 28, 2001 issue of the Texas Register , (26 TexReg 10712) TRD 200108030.

Simultaneously, the agency is adopting a new rule with section number §5.92 to replace the rules being repealed. Due to the extensive modifications in the new rules, amending the existing rules is less practical than repealing the existing rules and adopting a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 5 Subchapter E, as mandated by the Legislature.

As a result of the repeal, the new rule will provide a clearly stated, efficient procedure for establishing fees and the rules governing fees will be easier to understand.

The agency received no comments regarding the proposal to repeal these rules.

The repeal is adopted pursuant to Section 5(a) of Article 249(e), Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules and include implied authority to repeal rules that have been promulgated.

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 March 5, 2002.

TRD-200201339

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


22 TAC §5.92

The Texas Board of Architectural Examiners adopts new rule §5.92 for Title 22, Chapter 5, Subchapter E, concerning annual fees. The proposal to adopt this rule was published in the December 28, 2001 issue of the Texas Register , (26 TexReg 10712) TRD-200108032. This rule is being adopted without changes and the text will not be republished.

Due to extensive modifications to Subchapter E, adopting an amendment to the existing rule is less practical than the alternative of repealing the existing rule and adopting a new rule. The new rule is being adopted as a result of the agency's review of Title 22, Chapter 5, Subchapter E, as mandated by Legislature.

This rule requires the Board to notify, by mail, each person who must pay an annual fee and requires the annual fee to be paid regardless of whether the notice is received. It requires each registrant to pay the annual renewal fee on or before the designated expiration date and additionally requires the payment of a penalty fee if the renewal payment is late. It states that if the payment for renewal is not made within one year after the designated expiration date, the registrant's certificate of registration may be revoked. It requires the Board to send to the registrant's current address of record a notice of pending revocation if the registrant fails to renew the registration within one year of the expiration date.

As a result of the new rule, the rule's requirements will be easier to understand and will be consistent with governing law.

The agency received no comments regarding the proposal to adopt this rule.

The new rule is adopted pursuant to Section 14 of Article 249e, Vernon's Texas Civil Statutes, which governs registration renewal for interior designers.

These proposed sections do not affect any other statutes.

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 March 5, 2002.

TRD-200201341

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


Subchapter J. TABLE OF EQUIVALENTS FOR EDUCATION AND EXPERIENCE IN INTERIOR DESIGN

22 TAC §§5.201 - 5.203

The Texas Board of Architectural Examiners adopts new rules §5.201, §5.202, and §5.203 for Title 22, Chapter 5, Subchapter J, concerning the table of equivalents for education and experience in interior design. Sections 5.201 and 5.202 are being adopted with changes. The proposal to adopt these new rules was published in the December 28, 2001 issue of the Texas Register , (26 TexReg 10713) TRD-200108033. Section 5.203 is being adopted without changes and the text for this rule will not be republished.

The change to §5.201 is to remove the phrase "a combined total of at least six (6) years of" from (a). The change to §5.202 is to add the phrase "except an Applicant who completes the education requirements pursuant to §5.31(a)((5) or §5.31(a)(6)" to (a) and to change the phrase "for partial credit" to "for half credit" in (c)(2). As a result of the new rule, the registration requirements will be clearly stated and readily accessible. The new rules are being proposed as a result of the agency's review of Title 22, Chapter 5, Subchapter J, as mandated by the Legislature.

Section 5.201 describes the minimum experience required and describes the various approved educational programs. Section 5.202 describes the types of experience required and the maximum credit allowed for the various types of acceptable experience. Section 5.203 sets forth how other education and experience may be earned.

The agency received no comments regarding the proposal to adopt these rules.

The new rule is adopted pursuant to Sections 5(d) and 9 of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and establish registration requirements.

§5.201.Description of Approved Education for Registration by Examination.

(a) Pursuant to Section 5.31 of Subchapter B, an Applicant must successfully demonstrate that he/she has approved interior design education and experience in accordance with the following table:

Figure: 22 TAC §5.201(a)

(b) An Applicant may not earn credit in more than one of categories ID-1 through ID-6.

(c) In order to earn credit in category ID-5 or ID-6, an Applicant must complete all requirements described in that category, including the experiential requirements, and apply for registration by examination on or before August 31, 2010.

§5.202.Description of Approved Experience for Registration by Examination.

(a) Every Applicant except an Applicant who completes the educational requirements pursuant to Rule 5.31(a)(5) or Rule 5.31(a)(6) must successfully demonstrate that he/she has gained the minimum experience required for registration by examination in accordance with the following table:

Figure: 22 TAC §5.202(a)

(b) An Applicant must earn at least one year of experience credit under the conditions described in category ID-7.

(c) In order to earn credit in category ID-7 or ID-8, an Applicant must:

(1) work at least thirty-five (35) hours per week for a minimum of ten (10) consecutive weeks; or

(2) for half credit, work between twenty (20) and thirty-four (34) hours per week for a minimum of six (6) consecutive months.

(d) In order to earn credit in category ID-9, an Applicant must teach subjects that are directly related to the practice of interior design. An Applicant may earn one year of credit by teaching for twenty (20) semester credit hours or thirty (30) quarter credit hours.

(e) An Applicant may not earn credit for experience gained prior to the date the Applicant completed the educational requirements for interior design registration by examination in Texas.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 5, 2002.

TRD-200201354

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Effective date: March 25, 2002

Proposal publication date: December 28, 2001

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


Part 9. TEXAS STATE BOARD OF MEDICAL EXAMINERS

Chapter 183. ACUPUNCTURE

22 TAC §183.4

The Texas State Board of Medical Examiners adopts an amendment to §183.4, regarding licensure documentation and methods of evaluating English proficiency, without changes to the proposed text as published in the January 18, 2002, issue of the Texas Register (27 TexReg 457) and will not be republished.

The section is amended to revise subsection (c)(2)(G) regarding Preacupuncture school transcripts.

No comments were received regarding adoption of the rule.

The amendment is adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 March 11, 2002.

TRD-200201507

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: March 31, 2002

Proposal publication date: January 18, 2002

For further information, please call: (512) 305-7016


Part 11. BOARD OF NURSE EXAMINERS

Chapter 211. GENERAL PROVISIONS

22 TAC §§211.1 - 211.9

The Board of Nurse Examiners for the State of Texas adopts the repeal of chapter 211, §§211.1-211.9. These rules concerns the General Provisions of the Board of Nurse Examiners and are being adopted concomitant with a new chapter 211, §§211.1-211.9. The proposal for the repeal was originally published in the February 8, 2002, issue of the Texas Register (27 TexReg 862).

The Board of Nurse Examiners reviewed the rules governing the general provisions and determined that some of the sections of the existing rule warranted clarification and simplification. The review required implementation of wording that more accurately reflected the current statutory provisions, and complied with amendments to existing law which have taken place since chapter 211's last adoption. As a result, the Board of Nurse Examiners has determined that the repeal of the current chapter is warranted.

The adopted repeal of chapter 211 is made subject to §2001.039 of the Texas Government Code requiring rule review within four (4) years of the date of a rule's adoption. This repeal is intended to satisfy our obligation to do the rule review.

No comments were received regarding adoption of the repeal.

The repeal of the current chapter is adopted under the Texas Occupations Code §301.151 which provides the board with the authority to adopt rules necessary for the performance of its 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 March 11, 2002.

TRD-200201490

Katherine A. Thomas

Executive Director

Board of Nurse Examiners

Effective date: March 31, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 305-6811


22 TAC §§211.1 - 211.9

The Board of Nurse Examiners adopts a new chapter 211, §§211.1-211.9. This chapter concerns the General Provisions of the Board of Nurse Examiners and is being adopted concomitant with an adopted repeal of the current chapter 211, §§211.1-211.9. The proposed text as published in the February 8, 2002, issue of the Texas Register (27 TexReg 862-865) is adopted without changes and will not be republished.

The Board of Nurse Examiners reviewed the chapter governing the general provisions and determined that some of the sections of the existing chapter warranted clarification and simplification. The review also implemented wording that more accurately reflected the current statutory provisions, and complied with amendments to existing law which have taken place since chapter 211's last adoption. As a result, the Board of Nurse Examiners has determined that the adoption of a new chapter 211 is warranted.

The adoption of chapter 211 is made subject to §2001.039 of the Texas Government Code requiring rule review within four (4) years of the date of a rule's adoption. This new adoption is intended to satisfy our statutory obligation.

No comments were received regarding adoption of the new chapter.

The adopted new chapter and the repealed current chapter are adopted under the Texas Occupations Code §301.151 which provides the board with the authority to adopt rules necessary for the performance of its 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 March 11, 2002.

TRD-200201491

Katherine A. Thomas

Executive Director

Board of Nurse Examiners

Effective date: March 31, 2002

Proposal publication date: February 8, 2002

For further information, please call: (512) 305-6811


Part 14. TEXAS OPTOMETRY BOARD

Chapter 273. GENERAL RULES

22 TAC §273.12

The Texas Optometry Board adopts new Rule 273.12 without change to the proposed text published in the December 28, 2001, issue of the Texas Register (26 TexReg 10742).

The amendments permit compliance with Tex. Gov't Code §2054.2606, which requires the Board to collect profile information from its licensees and post the information on the Internet.

No comments were received.

The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §351.151 and Senate Bill 187, 77th Legislature.

The Texas Optometry Board interprets § 351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The Board interprets Senate Bill 187, 77th Legislature as requiring the Board to adopt rules on a profile system and to collect and remit fees for the costs.

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 March 8, 2002.

TRD-200201458

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: March 28, 2002

Proposal publication date: December 28, 2001

For further information, please call: (512) 305-8500


Chapter 275. CONTINUING EDUCATION

22 TAC §275.2

The Texas Optometry Board adopts amendments to Rule 275.2 without change to the proposed text published in the December 28, 2001, issue of the Texas Register (26 TexReg 10743).

The amendments allow optometrists and therapeutic optometrists to combine the credit hours for on-line courses and correspondence courses so that any combination of eight hours may be submitted. A citation correction was also made.

No comments were received.

The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §351.151 and §351.308.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The Board interprets §351.308 as setting the requirements for continuing education.

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 March 8, 2002.

TRD-200201459

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: March 28, 2002

Proposal publication date: December 28, 2001

For further information, please call: (512) 305-8500


Chapter 279. INTERPRETATIONS

22 TAC §279.2

The Texas Optometry Board adopts amendments to Rule 279.2 without change to the proposed text published in the January 11, 2002, issue of the Texas Register (27 TexReg 353).

The amendments clarify that charges assigned or presented to insurance or managed care entities and not paid are not the type of unpaid charges that would permit the optometrist or therapeutic optometrist to refuse to release a contact lens prescription.

No comments were received.

The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §351.151 and the Contact Lens Prescription Act, §353.157 of the Occupations Code. No other sections are affected by the amendments.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The Board interprets §353.157 as defining what unpaid charges authorize the refusal to release a prescription by an optometrist or therapeutic optometrist.

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 March 8, 2002.

TRD-200201460

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: March 28, 2002

Proposal publication date: January 11, 2002

For further information, please call: (512) 305-8500