Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §1.68
The Texas Board of Architectural Examiners adopts an amendment
to rule §1.68 for Title 22, Chapter 1, Subchapter D, pertaining to inactive
status for certificates of registration. The amendment is being adopted with
changes. The proposal to amend this rule was first published in the April
12, 2002,
Texas Register
, (27 TexReg 2918)
TRD #200202069. The amendment to this rule will allow inactive registrants
to use the title "architect" and will allow an inactive architect who has
been actively registered as an architect in Texas or in another jurisdiction
for at least twenty years and has retired from the practice of architecture
to use the title "Emeritus Architect" or "Architect Emeritus." The amended
rule will better reflect the statutory provision that is its basis and that
a retired architect will not have to maintain an active registration in order
to continue to use the title "architect." The changes to the amendment as
proposed occur in paragraph (i). The stipulation in paragraph (i) that a nonregistrant
may not use the title "Emeritus Architect" or "Architect Emeritus" was moved
to a separate, new paragraph (j). The word "valid" was removed from paragraph
(i)(2).
The board received no comments regarding the proposal to amend this rule.
The amendment is adopted pursuant to Section 3(b) and Section
11A of Article 249a, Vernon's Texas Civil Statutes which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to inactive status.
The amendment to this section does not affect any other statutes.
§1.68Inactive Status
(a)
An Architect whose registration is in good standing may
apply for Inactive registration status on a form prescribed by the Board.
(b)
An Inactive Architect may not Practice Architecture. The
prohibition against the Practice of Architecture by Inactive Architects applies
to architectural projects that may be designed by Nonregistrants as well as
to projects that may be designed only by registered Architects. If an Inactive
Architect engages in the Practice of Architecture, the Inactive Architect's
registration may be suspended or revoked and the Inactive Architect may be
fined as allowed by the Architects' Registration Law for each day that the
Inactive Architect has engaged in the Practice of Architecture.
(c)
An Inactive Architect shall not use his/her architectural
seal during any period that his/her registration is Inactive.
(d)
An Inactive Architect shall pay an annual fee as prescribed
by the Board.
(e)
In order to return his/her registration to active status,
an Inactive Architect must:
(1)
apply on a form prescribed by the Board;
(2)
either submit proof that he/she has completed all continuing
education requirements for each year the registration has been Inactive if
continuing education was required for that year or, in lieu of completing
the outstanding continuing education requirements, successfully complete all
sections of the current registration examination during the five (5) years
immediately preceding the return to active status; and
(3)
pay a fee as prescribed by the Board.
(f)
An Inactive Architect whose registration has been Inactive
for a continuous period of five (5) years or longer must do the following
before the Inactive Architect may return to active status:
(1)
successfully complete all sections of the current registration
examination during the five (5) years immediately preceding the return to
active status; or
(2)
furnish evidence that the Inactive Architect currently
holds an architectural registration in another jurisdiction where the registration
requirements are substantially equivalent to Texas architectural registration
requirements and that the current architectural registration is in good standing.
(g)
An application to return to active status may be rejected
for any of the reasons that an initial application for registration may be
rejected or that a registration may be revoked.
(h)
The Board may require that an application to return to
active status include verification that the applicant has complied with the
laws governing the practice of architecture.
(i)
An Inactive Architect may use the title "Emeritus Architect"
or "Architect Emeritus" after filing the appropriate form with the board if:
(1)
The Inactive Architect has been actively registered as
an architect in Texas or in another jurisdiction for at least twenty (20)
years and has retired from the practice of Architecture; or
(2)
the Inactive Architect held an emeritus architectural registration
on or before January 1, 2002, and has retired from the practice of Architecture.
(j)
A Nonregistrant may not use the title "Emeritus Architect"
or "Architect Emeritus."
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 May 13, 2002.
TRD-200202980
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: June 2, 2002
Proposal publication date: April 12, 2002
For further information, please call: (512) 305-8535
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §3.68
The Texas Board of Architectural Examiners adopts an amendment
to rule §3.68 for Title 22, Chapter 3, Subchapter D, pertaining to inactive
status for certificates of registration. The amendment is being adopted with
changes. The proposal to amend this rule was first published in the April
12, 2002
Texas Register
, (27 TexReg 2919)
TRD #200202070. The amendment to this rule will allow inactive registrants
to use the title "landscape architect" and allow an inactive landscape architect
who has been actively registered as a landscape architect in Texas or in another
jurisdiction for at least twenty years and has retired from the practice of
landscape architecture to use the title "Emeritus Landscape Architect" or
"Landscape Architect Emeritus." The amended rule will better reflect the statutory
provision that is its basis and that a retired landscape architect will not
have to maintain an active registration in order to continue to use the title
"landscape architect." The changes to the amendment as proposed occurs in
paragraph (i). The stipulation that a nonregistrant may not use the title
"Emeritus Landscape Architect" or "Landscape Architect Emeritus" was moved
to a separate, new paragraph (j). The word "valid" was removed from paragraph
(i)(2).
The board received no comments regarding the proposal to amend this rule.
The amendment is adopted pursuant to Section 4(a) and Section
6A of Article 249c, Vernon's Texas Civil Statutes which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to inactive status.
The amendment to this section does not affect any other statutes.
§3.68Inactive Status
(a)
A Landscape Architect whose registration is in good standing
may apply for Inactive registration status on a form prescribed by the Board.
(b)
An Inactive Landscape Architect may not practice Landscape
Architecture. The prohibition against the practice of Landscape Architecture
by Inactive Landscape Architects applies to landscape architectural projects
that may be designed by Nonregistrants as well as to projects that may be
designed only by registered Landscape Architects. If an Inactive Landscape
Architect engages in the practice of Landscape Architecture, the Inactive
Landscape Architect's registration may be suspended or revoked and the Inactive
Landscape Architect may be fined as allowed by the Landscape Architects' Registration
Law for each day that the Inactive Landscape Architect has engaged in the
practice of Landscape Architecture.
(c)
An Inactive Landscape Architect shall not use his/her landscape
architectural seal during any period that his/her registration is Inactive.
(d)
An Inactive Landscape Architect shall pay an annual fee
as prescribed by the Board.
(e)
In order to return his/her registration to active status,
an Inactive Landscape Architect must:
(1)
apply on a form prescribed by the Board;
(2)
either submit proof that he/she has completed all continuing
education requirements for each year the registration has been Inactive if
continuing education was required for that year or, in lieu of completing
the outstanding continuing education requirements, successfully complete all
sections of the current registration examination during the five (5) years
immediately preceding the return to active status; and
(3)
pay a fee as prescribed by the Board.
(f)
An Inactive Landscape Architect whose registration has
been Inactive for a continuous period of five (5) years or longer must do
the following before the Inactive Landscape Architect may return to active
status:
(1)
successfully complete all sections of the current registration
examination during the five (5) years immediately preceding the return to
active status; or
(2)
furnish evidence that the Inactive Landscape Architect
currently holds a landscape architectural registration in another jurisdiction
where the registration requirements are substantially equivalent to Texas
landscape architectural registration requirements and that the current landscape
architectural registration is in good standing.
(g)
An application to return to active status may be rejected
for any of the reasons that an initial application for registration may be
rejected or that a registration may be revoked.
(h)
The Board may require that an application to return to
active status include verification that the applicant has complied with the
laws governing the practice of landscape architecture.
(i)
An Inactive Landscape Architect may use the title "Emeritus
Landscape Architect" or "Landscape Architect Emeritus" after filing the appropriate
form with the Board if:
(1)
the Inactive Landscape Architect has been actively registered
as a landscape architect in Texas or in another jurisdiction for at least
twenty (20) years and has retired from the practice of Landscape Architecture;
or
(2)
the Inactive Landscape Architect held an emeritus landscape
architectural registration on or before January 1, 2002, and has retired from
the practice of Landscape Architecture.
(j)
Nonregistrants may not use the title "Emeritus Landscape
Architect" or "Landscape Architect Emeritus."
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 May 13, 2002.
TRD-200202981
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: June 2, 2002
Proposal publication date: April 12, 2002
For further information, please call: (512) 305-8535
Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION
22 TAC §5.78
The Texas Board of Architectural Examiners adopts an amendment
to rule §5.78 for Title 22, Chapter 5, Subchapter D, pertaining to inactive
status for certificates of registration. The amendment is being adopted with
changes. The proposal to amend this rule was first published in the April
12, 2002 issue of the
Texas Register
, (27
TexReg 2920) TRD-200202071. The amendment to this rule will allow inactive
registrants to use the title "interior designer" and allow an inactive interior
designer who has been actively engaged in the practice of interior design
for at least 20 years and actively registered as an interior designer in Texas
or in another jurisdiction for at least 10 of the 20 years and has retired
from the practice of interior design to use the title "Emeritus Interior Designer"
or "Interior Designer Emeritus." The amended rule will better reflect the
statutory provision that is its basis and that a retired interior designer
will not have to maintain an active registration in order to continue to use
the title "interior designer." Changes to the amendment as proposed occur
in paragraph (i). The stipulation in paragraph (i) that a nonregistrant may
not use the title "Emeritus Architect" or "Architect Emeritus" was moved to
a separate, new paragraph (j). The word "valid" was removed from paragraph
(i)(2). Paragraph (k) was added in order to provide a timetable for the number
of years of registration that will be required in order for a registrant to
use the title "Emeritus Interior Designer" or "Interior Designer Emeritus."
The board received no comments regarding the proposal to amend this rule.
The amendment is adopted pursuant to Section 5(d) and Section
13A of Article 249e, Vernon's Texas Civil Statutes which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to inactive status.
The proposed amendment to this section does not affect any other statutes.
§5.78. Inactive Status.
(a)
An Interior Designer whose registration is in good standing
may apply for Inactive registration status on a form prescribed by the Board.
(b)
An Inactive Interior Designer may not practice Interior
Design. If an Inactive Interior Designer engages in the practice of Interior
Design, the Inactive Interior Designer's registration may be suspended or
revoked and the Inactive Interior Designer may be fined as allowed by the
Interior Designers' Registration Law for each day that the Inactive Interior
Designer has engaged in the practice of Interior Design.
(c)
An Inactive Interior Designer shall not use or display
his/her interior design seal during any period that his/her registration is
Inactive.
(d)
An Inactive Interior Designer shall pay an annual fee as
prescribed by the Board.
(e)
In order to return his/her registration to active status,
an Inactive Interior Designer must:
(1)
apply on a form prescribed by the Board;
(2)
either submit proof that he/she has completed all continuing
education requirements for each year the registration has been Inactive if
continuing education was required for that year or, in lieu of completing
the outstanding continuing education requirements, successfully complete all
sections of the current registration examination during the five (5) years
immediately preceding the return to active status; and
(3)
pay a fee as prescribed by the Board.
(f)
An Inactive Interior Designer whose registration has been
Inactive for a continuous period of five (5) years or longer must do the following
before the Inactive Interior Designer may return to active status:
(1)
successfully complete all sections of the current registration
examination during the five (5) years immediately preceding the return to
active status; or
(2)
furnish evidence that the Inactive Interior Designer currently
holds an interior design registration in another jurisdiction where the registration
requirements are substantially equivalent to Texas interior design registration
requirements and that the current interior design registration is in good
standing.
(g)
An application to return to active status may be rejected
for any of the reasons that an initial application for registration may be
rejected or that a registration may be revoked.
(h)
The Board may require that an application to return to
active status include verification that the applicant has complied with the
laws governing the registration of interior designers.
(i)
An Inactive Interior Designer may use the title "Emeritus
Interior Designer" or "Interior Designer Emeritus" after filing the appropriate
form with the Board if:
(1)
The Inactive Interior Designer has been actively registered
as an interior designer in Texas or in another jurisdiction for at least ten
(10) years and has retired from the practice of Interior Design; or
(2)
the Inactive Interior Designer held an emeritus interior
design registration on or before January 2, 2002, and has retired from the
practice of Interior Design.
(j)
Nonregistrants may not use the title "Emeritus Interior
Designer" or "Interior Designer Emeritus."
(k)
As of January 1, 2008, at least fifteen (15) years of registration
shall be required under Subsection 5.78(i)(1). As of January 1, 2013, at least
twenty (20) years of registration shall be required under Subsection 5.78(i)(1).
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 May 14, 2002.
TRD-200202982
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: June 3, 2002
Proposal publication date: April 12, 2002
For further information, please call: (512) 305-8535
Chapter 73.
LICENSES AND RENEWALS
22 TAC §73.2
The Texas Board of Chiropractic Examiners adopts amendments
to §73.2, relating to renewal of a chiropractic license, without changes
to the proposed text as published in the February 22, 2002, issue of the
The board currently is required to deny renewal to a licensee that is in
default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation
(TGSLC) or in breach of a repayment agreement, under §57.491 of the Education
Code. Section 73.2(c) sets out the mandatory non-renewal requirement of §57.491
for TGSLC loans. The legislature, in 2001, passed House Bill 1755 (HB 1755)
(creating chapter 56 of the Occupations Code), which gives discretionary authority
to certain occupational licensing agencies, including the board, to deny an
application for a license or renewal or to discipline a licensee for default
on student loans or breach of a loan repayment agreement or the service obligation
in a scholarship contract. HB 1755 also permits a licensing agency to rescind
its action upon receipt of information that the person has repaid the loan
or otherwise made arrangements, which effectively place the person in good
standing with regard to the loan, repayment or scholarship agreement. Likewise,
HB 1755 authorizes a licensing agency to reinstate any action or take other
disciplinary action upon notice that the person is once again in default or
in breach of contract relating to the loan, repayment or scholarship.
The board reads HB 1755 and §57.491 of the Education Code as giving
it discretionary authority to take disciplinary action against a licensee
or deny an application for licensure to a person, who is not in good standing
with respect to a student loan, or repayment or scholarship agreement, including
one guaranteed by the TGSLC. Under these statutes, the board only has discretionary
authority to deny renewal with respect to a licensee with a non-TGSLC loan.
This rulemaking amends §73.2 to give notice to chiropractic licensees
of the possible non-renewal if a licensee is not in good standing with regard
to other student loans or scholarships. Other non-substantive changes have
been made to update statutory references and for format.
By separate rulemakings, the board also amended §71.3, relating to
applicants for licensure, and §74.2 and §74.3, relating to facility
licenses, to provide similar notice to applicants and current facility licensees
that the board may refuse to grant or renew a chiropractic or facility license
if the person is not in good standing with regard to student loans or scholarships.
Lastly, the board amended chapter 80 to provide notice to current licensees
that the board may take disciplinary action against a person's chiropractic
and facility license for the same reasons. The adopted amendments were published
in the March 29, 2002, issue of the
Texas Register
(27 TexReg 2434)
These rules implement state policy to discourage defaults on student loans
and scholarship obligation by providing sanctions against licensees who are
in default. The rule provides greater assurance that chiropractors will meet
their loan or scholarship commitments, thus, ensuring the integrity of student
loan and scholarship programs.
No comments were received concerning the proposed amendments.
The amendments are adopted under the Occupations Code §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the Chiropractic Act, and Occupations Code chapter
56, which the board interprets as authorizing it to adopt rules providing
for implementation of the chapter by the board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 16, 2002.
TRD-200203034
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 5, 2002
Proposal publication date: February 22, 2002
For further information, please call: (512) 305-6709
22 TAC §75.7
The Texas Board of Chiropractic Examiners adopts an amendment
to §75.7(a), relating to board fees without changes to the proposed text
as published in the March 29, 2002, issue of the
Texas Register
(27 TexReg 2395). The text of the rule as amended will
not be republished.
By this amendment, the board is increasing the renewal fees for chiropractic
licensees by $5 to cover the costs of participation in the Texas Online Project.
Section 2054.252 of the Government Code creates the Project and requires the
board and other licensing agencies to participate in the project, including
establishing a profile system as provided in §2054.2606 of the Government
Code. Subsection (d) of §2054.2606 authorizes the Texas Online Authority
to prepare rules for adoption by the Department of Information Resources'
(DIR) board that set the amount of fee that a participating licensing agency
may charge its license holders. On February 20, 2002, the DIR approved on
an emergency basis, rules setting the fee at $5 pursuant to §2054.2606(d).
Senate Bill 187, 77th Legislature, Regular Session, chapter 342, §11,
requires licensing agencies to begin collecting the fee authorized by subsection
(d), on January 1, 2002. However, the board did not meet that deadline due
to the delay by the Online Authority and the DIR in setting the amount of
the required fee. The DIR has informed the board that the profiling system
will only cover chiropractors, and not other licensees of the agency. The
board accordingly adopts the $5 increase for renewal of a chiropractic license,
under §2054.2606(d). The increase will be applied beginning with licensees
whose licenses are renewed on July 1, 2002. The fee is intended to offset
the additional administrative costs incurred by the agency from its participation
in the Texas Online Project's profile system.
No comments were received concerning the proposed amendment.
The amendment is adopted under the Occupations Code, §201.152,
which the board interprets as authorizing it to adopt rules necessary for
the performance of its duties, the regulation of the practice of chiropractic,
and the enforcement of the act, §201.153, which the board interprets
as authorizing it to adopt necessary fees for administration of its programs,
and Senate Bill 187, which mandates the fee increase.
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 May 16, 2002.
TRD-200203035
Gary K. Cain, Ed.D.
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 5, 2002
Proposal publication date: March 29, 2002
For further information, please call: (512) 305-6709
Chapter 513.
REGISTRATION
Subchapter B. REGISTRATION OF CPA FIRMS
22 TAC §513.13
The Texas State Board of Public Accountancy adopts new §513.13,
concerning Death of a Sole Proprietor with changes to the proposed text as
published in the March 29, 2002, issue of the
Texas
Register
(27 TexReg 2396). The change to the rule is in paragraph (2)
where the word certification has been changed to certificate.
The new rule allows for less inconvenience to the sole proprietorship's
clients through continuation of services by the sole proprietorship, and the
sole proprietorship can be sold as a going concern.
The new rule will function by permitting a needed provision of repealed §513.86
to remain in effect. The new rule will address the limited continuance of
a licensed sole proprietorship after the death of the sole proprietor.
No comments were received regarding adoption of the rule.
The new rule is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 2001) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act.
§513.13.Death of a Sole Proprietor.
Upon written authorization from the executive director, a sole proprietorship
may continue to operate for a period of up to 12 months following the death
of the sole proprietor. The executive director, subject to ratification at
the next board meeting, may permit the continued operation of the sole proprietorship
when he has been provided with:
(1)
a certified copy of the sole proprietor's death certificate;
(2)
a copy of the power of attorney from the sole proprietor's
executor, administrator, or heir designating a certificate or registration
holder in good standing with the board to manage the sole proprietorship on
behalf of such party. When such party is not a certificate or registration
holder, the power of attorney must authorize a certificate or registration
holder to manage the sole proprietorship on behalf of such party; and
(3)
written evidence that a disruption in the continuation
of the sole proprietorship would jeopardize the survivability of the firm.
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 May 17, 2002.
TRD-200203064
Amanda G. Birrell
General Counsel
Texas State Board of Public Accountancy
Effective date: June 6, 2002
Proposal publication date: March 29, 2002
For further information, please call: (512) 305-7848
Chapter 3.
LANDSCAPE ARCHITECTS
Chapter 5.
INTERIOR DESIGNERS
Part 3.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
Chapter 75.
RULES OF PRACTICE
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 521.
FEE SCHEDULE