Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter A. SCOPE; DEFINITIONS
22 TAC §1.1
The Texas Board of Architectural Examiners adopts an amendment
to §1.1 for Title 22, Chapter 1, Subchapter A, pertaining to the purpose
for the Rules and Regulations of the Board. The rule indicates the purpose
as being to interpret and implement Texas Civil Statutes, Article 249a. This
amendment is being adopted without changes and the text will not be republished.
The proposal to amend this rule was published in the September 6, 2002, issue
of the
Texas Register
(27 TexReg 8368).
The amendment will simplify the rule without substantively changing the
Board's authority or duties. The amendment to this rule is being adopted as
a result of the agency's review of Title 22, Chapter 1, Subchapter A as mandated
by §2001.039 of the Texas Government Code.
As a result of the amendment, the rule will be easier to understand and
interpret. There will be no significant impact on small business, and no significant
change in the cost to persons required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment is adopted pursuant to §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 14, 2003.
TRD-200301126
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§1.2 - 1.4
The Texas Board of Architectural Examiners adopts the repeal
of §1.2, pertaining to citations; §1.3, pertaining to the Board's
regulatory authority; and §1.4, pertaining to severability, for Title
22, Chapter 1, Subchapter A. These rules are being repealed without changes
and the text will not be republished. The proposal to repeal these rules was
published in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8369).
These rules are being repealed because they are superfluous restatements
of general provisions of the law and it is not necessary to include them in
the Board's rules. The modifications are being made as a result of the agency's
review of Title 22, Chapter 1, Subchapter A, as mandated by §2001.039
of the Texas Government Code.
The repeal will result in the elimination of unnecessary provisions in
the rules and will make it easier to understand and apply the remaining provisions.
The repeal is not expected to impact small business significantly, and no
significant economic cost to persons affected by the repeal is expected.
No comments were received concerning 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
the 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 February 14, 2003.
TRD-200301127
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.5
The Texas Board of Architectural Examiners adopts an amendment
to §1.5 for Title 22, Chapter 1, Subchapter A, pertaining to the definitions
of words and terms used in Title 22, Chapter 1. The amendment is being adopted
with changes. The proposal to amend this rule was published in the September
6, 2002, issue of the
Texas Register
(27 TexReg
8369).
The amendment to this rule is intended to update the definitions of words
and terms on the list, remove obsolete words and terms from the list, and
provide definitions for words and terms being added to the list. The changes
involve further refining the definitions to enhance their clarity and effectiveness.
Also, the term "Texas Guaranteed Student Loan Corporation" has been added.
The amendment to this rule is being adopted as a result of the agency's review
of Title 22, Chapter 1, Subchapter A, as mandated by §2001.039 of the
Texas Government Code.
As a result of the amendment, the Board's rules will be more specific and
easier to understand and follow because the terms used therein will be more
clearly defined. The amendment is expected to have no additional impact on
small business and result in no change in the cost to persons required to
comply with the section.
The Board received no comments concerning the proposal to amend this rule.
The amendment 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.
§1.5.Terms Defined Herein.
The following words, terms, and acronyms, when used in this Chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
The Act--The Architects' Registration Law.
(2)
Actual Signature--A personal signature of the individual
whose name is signed or an authorized copy of such signature.
(3)
Administrative Procedure Act (APA)--Texas Government Code §§2001.001
et seq.
(4)
APA--Administrative Procedure Act
(5)
Applicant--An individual who has submitted an application
for registration or reinstatement but has not yet completed the registration
or reinstatement process.
(6)
Architect--An individual who holds a valid Texas architectural
registration certificate granted by the Board.
(7)
Architect of Record--An Architect who has submitted an
affidavit confirming that the Architect is employed on a full-time basis by
or, pursuant to §1.122, associated with a business entity that offers
or provides architectural services in Texas. The Architect of Record for a
business entity shall be responsible for answering or designating another
individual to answer inquiries of the Board concerning matters under the jurisdiction
of the Board which are related to the business entity's Practice of Architecture.
(8)
Architect Registration Examination (ARE)--The standardized
test that a Candidate must pass in order to obtain a valid Texas architectural
registration certificate.
(9)
Architect Registration Examination Financial Assistance
Fund (AREFAF)--A program administered by the Board which provides monetary
awards to Candidates and newly registered Architects who meet the program's
criteria.
(10)
Architects' Registration Law--Article 249a, Vernon's Texas
Civil Statutes, and Chapter 1051, Texas Occupations Code.
(11)
Architectural Barriers Act--Article 9102, Vernon's Texas
Civil Statutes.
(12)
Architectural Intern--An individual enrolled in the Intern
Development Program (IDP).
(13)
ARE--Architect Registration Examination.
(14)
AREFAF--Architect Registration Examination Financial Assistance
Fund.
(15)
Authorship--The state of having personally created something.
(16)
Barrier-Free Design--The design of a building or a facility
or the design of an alteration of a building or a facility which complies
with the Texas Accessibility Standards, the Americans with Disabilities Act,
the Fair Housing Accessibility Guidelines, or similarly accepted standards
for accessible design.
(17)
Board--Texas Board of Architectural Examiners.
(18)
Candidate--An Applicant approved by the Board to take
the ARE
(19)
CEPH--Continuing Education Program Hour(s).
(20)
Chairman--The member of the Board who serves as the Board's
presiding officer.
(21)
Construction Documents--Drawings; specifications; and
addenda, change orders, construction change directives, and other Supplemental
Documents issued by an Architect for the purpose(s) of regulatory approval,
permitting, and/or construction.
(22)
Consultant--An individual retained by an Architect who
prepares or assists in the preparation of technical design documents issued
by the Architect for use in connection with the Architect's Construction Documents.
(23)
Contested Case--A proceeding, including a licensing proceeding,
in which the legal rights, duties, or privileges of a party are to be determined
by a state agency after an opportunity for adjudicative hearing.
(24)
Continuing Education Program Hour (CEPH)--At least fifty
(50) minutes of time spent in an activity meeting the Board's continuing education
requirements.
(25)
Council Certification--Certification granted by NCARB
to architects who have satisfied certain standards related to architectural
education, training, and examination.
(26)
Delinquent--A registration status signifying that an Architect
(A)
has failed to remit the applicable renewal fee to the Board
and
(B)
is no longer authorized to Practice Architecture in Texas
or use any of the terms restricted by the Architects' Registration Law.
(27)
Direct Supervision--The amount of oversight by an individual
overseeing the work of another whereby the supervisor and the individual being
supervised work in close proximity to one another and the supervisor has both
control over and detailed professional knowledge of the work prepared under
his or her supervision.
(28)
E-mail Directory--A listing of e-mail addresses
(A)
used to advertise architectural services and
(B)
posted on the Internet under circumstances where the Architects
included in the list have control over the information included in the list.
(29)
Emeritus Architect (or Architect Emeritus)--An honorary
title that may be used by an Inactive Architect who has retired from the Practice
of Architecture in Texas.
(30)
Feasibility Study--A report of a detailed investigation
and analysis conducted to determine the advisability of a proposed architectural
project from a technical architectural standpoint.
(31)
Good Standing--
(A)
a registration status signifying that an Architect is not
delinquent in the payment of any fees owed to the Board or
(B)
an application status signifying that an Applicant or Candidate
is not delinquent in the payment of any fees owed to the Board, is not the
subject of a pending TBAE enforcement proceeding, and has not been the subject
of formal disciplinary action by an architectural registration board that
would provide a ground for the denial of the application for architectural
registration in Texas.
(32)
Governmental Entity--A Texas state agency or department;
a district, authority, county, municipality, or other political subdivision
of Texas; or a publicly owned Texas utility.
(33)
Governmental Jurisdiction--A governmental authority such
as a state, territory, or country beyond the boundaries of Texas.
(34)
IDP--The Intern Development Program as administered by
NCARB.
(35)
Inactive--A registration status signifying that an Architect
may not Practice Architecture in the State of Texas.
(36)
Intern Development Program (IDP)--A comprehensive internship
program established, interpreted, and enforced by NCARB.
(37)
Intern Development Training Requirement--Architectural
experience necessary for an Applicant to obtain architectural registration
by examination in Texas.
(38)
Institutional Residential Facility--A building intended
for occupancy on a 24-hour basis by persons who are receiving custodial care
from the proprietors or operators of the building. Hospitals, dormitories,
nursing homes and other assisted living facilities, and correctional facilities
are examples of buildings that may be Institutional Residential Facilities.
(39)
Licensed--Registered.
(40)
Member Board--An architectural registration board that
is part of the nonprofit federation of architectural registration boards known
as NCARB.
(41)
NAAB--National Architectural Accrediting Board.
(42)
National Architectural Accrediting Board (NAAB)--An agency
that accredits architectural degree programs in the United States.
(43)
National Council of Architectural Registration Boards
(NCARB)--A nonprofit federation of architectural registration boards from
fifty-five (55) states and territories of the United States.
(44)
NCARB--National Council of Architectural Registration
Boards.
(45)
Nonregistrant--An individual who is not an Architect.
(46)
Practice Architecture--Perform or do or offer or attempt
to do or perform any service, work, act, or thing within the scope of the
Practice of Architecture.
(47)
Practicing Architecture--Performing or doing or offering
or attempting to do or perform any service, work, act, or thing within the
scope of the Practice of Architecture.
(48)
Practice of Architecture--Any service or creative work,
either public or private, applying the art and science of developing design
concepts, planning for functional relationships and intended uses, and establishing
the form, appearance, aesthetics, and construction details, for any building
or buildings, or environs, to be constructed, enlarged or altered, the proper
application of which requires architectural education, training, and experience.
(49)
Principal--An architect who is responsible, either alone
or with other architects, for an organization's Practice of Architecture.
(50)
Prototypical--From or of an architectural design intentionally
created not only to establish the architectural parameters of a building or
facility to be constructed but also to serve as a functional model on which
future variations of the basic architectural design would be based for use
in additional locations.
(51)
Public Entity--A state, a city, a county, a city and county,
a district, a department or agency of state or local government which has
official or quasi-official status, an agency established by state or local
government though not a department thereof but subject to some governmental
control, or any other political subdivision or public corporation.
(52)
Registered--Licensed.
(53)
Registrant--Architect.
(54)
Reinstatement--The procedure through which a cancelled,
Surrendered, or revoked Texas architectural registration certificate is restored.
(55)
Renewal--The procedure through which an Architect pays
a periodic fee so that the Architect's registration certificate will continue
to be effective.
(56)
Responsible Charge--That degree of control over and detailed
knowledge of the content of technical submissions during their preparation
as is ordinarily exercised by registered architects applying the applicable
architectural standard of care.
(57)
Rules and Regulations of the Board--22 Texas Administrative
Code §§1.1 et seq.
(58)
Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1
et seq.
(59)
Secretary-Treasurer--The member of the Board responsible
for signing the official copy of the minutes of each Board meeting and maintaining
the record of Board members' attendance at Board meetings.
(60)
SOAH--State Office of Administrative Hearings.
(61)
State Office of Administrative Hearings (SOAH)--A Governmental
Entity created to serve as an independent forum for the conduct of adjudicative
hearings involving the executive branch of Texas government.
(62)
Supervision and Control--The amount of oversight by an
architect overseeing the work of another whereby
(A)
the architect and the individual performing the work can
document frequent and detailed communication with one another and the architect
has both control over and detailed professional knowledge of the work; or
(B)
the architect is in Responsible Charge of the work and
the individual performing the work is employed by the architect or by the
architect's employer.
(63)
Supplemental Document--A document that modifies or adds
to the technical architectural content of an existing Construction Document.
(64)
Surrender--The act of relinquishing a Texas architectural
registration certificate along with all privileges associated with the certificate.
(65)
TBAE--Texas Board of Architectural Examiners.
(66)
TDLR--Texas Department of Licensing and Regulation.
(67)
Texas Department of Licensing and Regulation (TDLR)--A
Texas state agency responsible for the implementation and enforcement of the
Texas Architectural Barriers Act.
(68)
Texas Guaranteed Student Loan Corporation (TGSLC)--A public,
nonprofit corporation that administers the Federal Family Education Loan Program.
(69)
TGSLC--Texas Guaranteed Student Loan Corporation.
(70)
Vice-Chairman--The member of the Board who serves as the
assistant presiding officer and, in the absence of the Chairman, serves as
the Board's presiding officer. If necessary, the Vice-Chairman succeeds the
Chairman until a new Chairman is appointed.
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 14, 2003.
TRD-200301128
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§1.6 - 1.8
The Texas Board of Architectural Examiners adopts the repeal
of §1.6, pertaining to the Board's office location; §1.7, pertaining
to the person for service of process; and §1.8, pertaining to meetings
and notices thereof for Title 22, Chapter 1, Subchapter A. These rules are
being repealed without changes and the text will not be republished. The proposal
to repeal these rules was published in the September 6, 2002, issue of the
These rules are being repealed because they are outdated or superfluous
and it is not necessary to include such provisions in the Board's rules. The
modifications are being made as a result of the agency's review of Title 22,
Chapter 1, Subchapter A, as mandated by §2001.039 of the Texas Government
Code.
The repeal will result in the elimination of unnecessary provisions in
the rules and will make it easier to understand and apply the remaining provisions.
The repeal is not expected to impact small business significantly and no significant
economic cost to persons affected by the repeal is expected as a result of
the repeal.
No comments were received concerning 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
the 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 February 14, 2003.
TRD-200301129
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.9
The Texas Board of Architectural Examiners adopts an amendment
to §1.9 for Title 22, Chapter 1, Subchapter A, pertaining to officers
and employees of the Board. The amendment is being adopted with changes. The
proposal to amend this rule was published in the September 6, 2002, issue
of the
Texas Register
(27 TexReg 8373).
The amendment to this rule is intended to identify defined terms through
the use of capitalization, delete provisions that are superfluous in light
of §1.13 and in light of requirements specified in other law, and eliminate
obsolete provisions such as those describing the responsibilities of the secretary-treasurer.
The changes include noting that the Board members are appointed by the Governor,
requiring the Board to employ an executive director who shall be responsible
for hiring and managing additional staff, requiring the Board to establish
an annual budget and requiring that all expenditures comply with applicable
statutory provisions and rules. The amendment to this rule is being adopted
as a result of the agency's review of Title 22, Chapter 1, Subchapter A as
mandated by §2001.039 of the Texas Government Code.
The amendment to the rule will result in the elimination of superfluous
and obsolete provisions and will enhance the rules' efficiency and usefulness.
The amendment also will implement certain statutory requirements, such as
the requirement that the Board adopt rules regarding the utilization of HUBs.
The clear identification of defined terms will let affected persons know they
should refer to the definitions for further information. The amendment is
expected to have no impact on small business and no change in the cost to
persons required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment is adopted pursuant to §3 and §5(b) 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 the Board's powers, duties, and functions.
§1.9.Officers and Employees.
(a)
As prescribed by law, the Governor shall appoint a Chairman,
and the Board, appointed by the Governor, shall elect a Vice-Chairman and
a Secretary-Treasurer. The Chairman shall hold office until replaced by the
Governor. The Vice-Chairman and Secretary-Treasurer shall hold office until
their successors have been elected.
(b)
The Board shall employ an executive director to conduct
the affairs of the Board under the Board's direction. The executive director
shall be responsible for hiring and managing additional staff as necessary
to sustain the daily operations of the Board's office.
(c)
The Board shall be responsible for establishing an annual
budget to govern the expenditure of funds received by the Board. All expenditures
must comply with applicable statutory provisions and rules, including the
most recently adopted rules of the Texas Building and Procurement Commission
relating to Historically Underutilized Businesses.
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 14, 2003.
TRD-200301130
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.10
The Texas Board of Architectural Examiners adopts new §1.10
for Title 22, Chapter 1, Subchapter A, pertaining to the appointment of committees
necessary to conduct the business of the Board. This new rule is being adopted
without changes and the text will not be republished. The proposal to adopt
this new rule was published in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8373).
The new rule is being adopted as a result of the Board's decision that
committees are useful in increasing the board's efficiency with regard to
certain types of tasks. The new rule also is being adopted as a result of
the agency's review of Title 22, Chapter 1, Subchapter A, as mandated by §2001.039
of the Texas Government Code. The new rule directs the Chairman to appoint
members of the Board to serve on committees as necessary to conduct the business
of the board.
As a result of the new rule, the Board will be able to complete some tasks,
such as reviewing and revising rules, more efficiently. The new rule will
have no impact on small business and there will be no cost to persons required
to comply with the section.
No comments were received concerning the proposal to adopt this new rule.
The new rule 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.
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 14, 2003.
TRD-200301131
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.11
The Texas Board of Architectural Examiners adopts an amendment
to §1.11 for Title 22, Chapter 1, Subchapter A, pertaining to the official
seal for the Board. The amendment is being adopted with changes. The proposal
to adopt this amendment was published in the September 6, 2002, issue of the
The existing rule requires that the agency use a seal similar to that of
the State of Texas with the words "Texas Board of Architectural Examiners"
replacing the words "the State of Texas." The proposed amendment to this rule
is intended to correct a punctuation error. The changes to the amendment further
clarify the language of the rule and also identify a defined term through
the use of capitalization. The amendment to this rule is being adopted as
a result of the agency's review of Title 22, Chapter 1, Subchapter A as mandated
by §2001.039 of the Texas Government Code.
The amendment will improve the effectiveness of the rule by enhancing the
clarity of its language and by clearly identifying a defined term. There is
expected to be no impact on small business and no additional cost to persons
required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment is proposed 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.
§1.11.Official Seal.
As its official seal, the Board shall use a seal similar to that of
the State of Texas except the words "Texas Board of Architectural Examiners"
shall replace the words "The State of 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 February 14, 2003.
TRD-200301132
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.12
The Texas Board of Architectural Examiners adopts the repeal
of §1.12 for Title 22, Chapter 1, Subchapter A, which identifies the
attorneys that the Board may engage. This rule is being repealed without changes
and the text will not be republished. The proposal to repeal this rule was
published in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8374).
This rule is being repealed because it is superfluous in light of existing
statutory language designating the attorneys that may represent the Board.
The modifications are being made as a result of the agency's review of Title
22, Chapter 1, Subchapter A, as mandated by §2001.039 of the Texas Government
Code.
The repeal of this rule will result in the elimination of unnecessary provisions
in the rules and will make it easier to understand and apply the remaining
provisions. The repeal will not impact small business significantly, and no
significant economic cost to persons affected by the repeal is expected.
No comments were received concerning the proposal to repeal this rule.
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
the 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 February 14, 2003.
TRD-200301133
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.13
The Texas Board of Architectural Examiners adopts an amendment
to §1.13 for Title 22, Chapter 1, Subchapter A, pertaining to how the
Board conducts business. The amendment is being adopted with changes. The
proposal to adopt this amendment was published in the September 6, 2002, issue
of the
Texas Register
(27 TexReg 8375).
The existing rule requires the Board to use Robert's Rules of Order to
conduct the business of the Board unless required otherwise by law. The proposed
amendment to this rule is intended to make a stylistic change in the language
of the rule. The proposed amendment also capitalizes the term "board" because
it is a defined term. The change involves substituting the words "this chapter"
for "these rules" and substituting "the Board's business" for "business by
the Board." The amendment to this rule is being adopted as a result of the
agency's review of Title 22, Chapter 1, Subchapter A as mandated by §2001.039
of the Texas Government Code.
The amendment corrects an awkward stylistic aspect of the rule and also
clearly identifies defined terms to let affected persons know they should
refer to the definitions for further information. There is expected to be
no impact on small business or additional cost to persons required to comply
with the section.
No comments were received concerning the proposal to amend this rule.
The amendment 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.
§1.13.Robert's Rules of Order.
Unless required otherwise by law or this chapter, Robert's Rules of
Order shall be used in the conduct of the Board's business.
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 14, 2003.
TRD-200301134
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§1.14 - 1.18
The Texas Board of Architectural Examiners adopts the repeal
of §1.14, pertaining to what constitutes a quorum; §1.15, pertaining
to who shall sign certificates of registration; §1.16, pertaining to
the Board's official records; §1.17, pertaining to reimbursement for
expenses incurred in the conduct of Board business; and §1.18 pertaining
to NCARB for Title 22, Chapter 1, Subchapter A. These rules are being repealed
without changes and the text will not be republished. The proposal to repeal
these rules was published in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8375).
These rules are being repealed because §1.14 is unnecessary because
Robert's Rules of Order satisfactorily govern this issue; it is unnecessary
to have a rule designating who shall sign certificates or registration; §1.16
is superfluous because other law requires the Board to maintain the designated
records; §1.17 is unnecessary because other law governs the reimbursement
of the Board and its staff; and §1.18 is being repealed so that the Board
will have increased flexibility to determine whether to maintain membership
in national and regional organizations. In addition, subsection (b) of the
rule is unnecessary because the Board may direct staff to provide information
regarding a registration examination at any time. Subsection (c) is unnecessary
because in order for an outside entity to successfully administer a registration
examination for the agency, the agency must offer such cooperation to the
outside entity.
The modifications are being made as a result of the agency's review of
Title 22, Chapter 1, Subchapter A, as mandated by §2001.039 of the Texas
Government Code.
The repeal of these rules will result in the elimination of unnecessary
provisions in the rules and will make it easier to understand and apply the
remaining provisions. The repeal is not expected to impact small business
significantly, and no significant economic cost to persons affected by the
repeal is expected as a result of the repeal.
No comments were received concerning 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
the 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 February 14, 2003.
TRD-200301135
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §1.14
The Texas Board of Architectural Examiners adopts new §1.14
for Title 22, Chapter 1, Subchapter A, pertaining to procedures for addressing
the Board. The new rule is being adopted with changes. The proposal to adopt
this new rule was published in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8376).
The new rule is being adopted as a result of the agency's review of Title
22, Chapter 1, Subchapter A, as mandated by §2001.039 of the Texas Government
Code. The new rule sets forth guidelines for members of the general public
to address the Board during regularly scheduled board meetings. The changes
to the proposed rule include eliminating the requirement that individuals
submit requests and summaries of the issues to be presented at least forty-five
days before the scheduled date of the public meeting, adding a requirement
for the Board to include "public comment" as a topic on each agenda, and specifying
how the Board may respond to an inquiry regarding a subject not listed on
the agenda.
The new rule will result in the public's being better informed of their
right to address the Board. The new rule is expected to have no impact on
small business and result in no additional cost to persons required to comply
with the section.
The Board received no comments concerning the proposal to adopt the new
rule.
The new rule is adopted pursuant to §3(b) and (g) and §5(b)
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 providing the public with a reasonable opportunity to appear before
the Board.
§1.14.Procedure for Addressing the Board.
(a)
The Board shall include "public comment" as a topic on
the agenda for each regularly scheduled meeting of the Board.
(b)
During the "public comment" portion of a meeting, any member
of the general public may address the Board regarding any subject related
to the business of the Board. Each member of the public shall be allotted
five (5) minutes to make a presentation to the Board. The five-minute period
may be extended at the Board's discretion.
(c)
The Board may respond to an inquiry regarding a subject
not listed on the agenda only with:
(1)
a statement of specific factual information in response
to the inquiry; or
(2)
a recitation of existing policy in response to the inquiry.
(d)
Except as allowed by subsection (c) of this section, any
deliberation of or decision about a subject not listed on the agenda shall
be limited to a proposal to place the subject on the agenda for a subsequent
meeting.
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 14, 2003.
TRD-200301136
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
Subchapter A. SCOPE: DEFINITIONS
22 TAC §3.1
The Texas Board of Architectural Examiners adopts an amendment
to §3.1, pertaining to the purpose for the Rules and Regulations of the
Board. The rule indicates the purpose as being to interpret and implement
Texas Civil Statutes, Article 249c. This amendment is being adopted without
changes and the text will not be republished. The proposal to amend this rule
was published in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8376). The amendment to this rule will simplify
the rule without substantively changing the Board's authority or duties. The
amendment to this rule is being adopted as a result of the agency's review
of Title 22, Chapter 3, Subchapter A as mandated by Section 2001.039 of the
Texas Government Code.
As a result of the amendment, the rule will be easier to understand and
interpret. There will be no significant impact on small business, and no significant
change in the cost to persons required to comply with the section.
No comments were received concerning the proposal to amend this rule.
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.
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 14, 2003.
TRD-200301137
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§3.2 - 3.4
The Texas Board of Architectural Examiners adopts the repeal
of §3.2, pertaining to citations; §3.3, pertaining to the Board's
regulatory authority; and §3.4, pertaining to severability. These rules
are being repealed without changes and the text will not be republished. The
proposal to repeal these rules was published in the September 6, 2002, issue
of the
Texas Register
(27 TexReg 8377). These
rules are being repealed because they are superfluous restatements of general
provisions of the law and it is not necessary to include them in the Board's
rules.
The modifications are being made as a result of the agency's review of
Title 22, Chapter 3, Subchapter A, as mandated by Section 2001.039 of the
Texas Government Code.
The repeal will result in the elimination of unnecessary provisions in
the rules and will make it easier to understand and apply the remaining provisions.
The repeal is not expected to impact small business significantly, and no
significant economic cost to persons affected by the repeal is expected.
No comments were received concerning the proposal to repeal these rules.
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 and includes the 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 February 14, 2003.
TRD-200301138
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.5
The Texas Board of Architectural Examiners adopts an amendment
to §3.5, pertaining to the definitions of words and terms used in Title
22, Chapter 3. The amendment is being adopted with changes. The proposal to
amend this rule was published in the September 6, 2002, issue of the
As a result of the amendment, the Board's rules will be more specific and
easier to understand and follow because the terms used therein will be more
clearly defined. The amendment is expected to have no additional impact on
small business and result in no change in the cost to persons required to
comply with the section.
The Board received no comments concerning the proposal to amend this rule.
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, including rules.
§3.5.Terms Defined Herein.
The following words, terms, and acronyms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
The Act--The Landscape Architects' Registration Law.
(2)
Actual Signature--A personal signature of the individual
whose name is signed or an authorized copy of such signature.
(3)
Administrative Procedure Act (APA)--Texas Government Code §§2001.001
et seq.
(4)
APA--Administrative Procedure Act.
(5)
Applicant--An individual who has submitted an application
for registration or reinstatement but has not yet completed the registration
or reinstatement process.
(6)
Architectural Barriers Act--Article 9102, Vernon's Texas
Civil Statutes.
(7)
Authorship--The state of having personally created something.
(8)
Barrier-Free Design--The design of a facility or the design
of an alteration of a facility which complies with the Texas Accessibility
Standards, the Americans with Disabilities Act, the Fair Housing Accessibility
Guidelines, or similarly accepted standards for accessible design.
(9)
Board--Texas Board of Architectural Examiners.
(10)
Candidate--An Applicant approved by the Board to take
the LARE.
(11)
CEPH--Continuing Education Program Hour(s).
(12)
Chairman--The member of the Board who serves as the Board's
presiding officer.
(13)
CLARB--Council of Landscape Architectural Registration
Boards.
(14)
Construction Documents--Drawings; specifications; and
addenda, change orders, construction change directives, and other Supplemental
Documents issued by a Landscape Architect for the purpose(s) of regulatory
approval, permitting, and/or construction.
(15)
Consultant--An individual retained by a Landscape Architect
who prepares or assists in the preparation of technical design documents issued
by the Landscape Architect for use in connection with the Landscape Architect's
Construction Documents.
(16)
Contested Case--A proceeding, including a licensing proceeding,
in which the legal rights, duties, or privileges of a party are to be determined
by a state agency after an opportunity for adjudicative hearing.
(17)
Continuing Education Program Hour (CEPH)--At least fifty
(50) minutes of time spent in an activity meeting the Board's continuing education
requirements.
(18)
Council of Landscape Architectural Registration Boards
(CLARB)--An international nonprofit organization whose members are landscape
architectural licensing boards of the U.S. states and Canadian provinces that
license landscape architects.
(19)
Delinquent--A registration status signifying that a Landscape
Architect
(A)
has failed to remit the applicable renewal fee to the Board
and
(B)
is no longer authorized to practice Landscape Architecture
in Texas or use any of the terms restricted by the Landscape Architects' Registration
Law.
(20)
Direct Supervision--The amount of oversight by an individual
overseeing the work of another whereby the supervisor and the individual being
supervised work in close proximity to one another and the supervisor has both
control over and detailed professional knowledge of the work prepared under
his or her supervision.
(21)
E-mail Directory--A listing of e-mail addresses
(A)
used to advertise landscape architectural services and
(B)
posted on the Internet under circumstances where the Landscape
Architects included in the list have control over the information included
in the list.
(22)
Emeritus Landscape Architect (or Landscape Architect Emeritus)--An
honorary title that may be used by an Inactive Landscape Architect who has
retired from the practice of Landscape Architecture in Texas.
(23)
Feasibility Study--A report of a detailed investigation
and analysis conducted to determine the advisability of a proposed landscape
architectural project from a technical landscape architectural standpoint.
(24)
Good Standing -
(A)
a registration status signifying that a Landscape Architect
is not delinquent in the payment of any fees owed to the Board or
(B)
an application status signifying that an Applicant or Candidate
is not delinquent in the payment of any fees owed to the Board, is not the
subject of a pending TBAE enforcement proceeding, and has not been the subject
of formal disciplinary action by a landscape architectural registration board
that would provide a ground for the denial of the application for landscape
architectural registration in Texas.
(25)
Governmental Entity--A Texas state agency or department;
a district, authority, county, municipality, or other political subdivision
of Texas; or a publicly owned Texas utility.
(26)
Governmental Jurisdiction--A governmental authority such
as a state, territory, or country beyond the boundaries of Texas.
(27)
Inactive--A registration status signifying that a Landscape
Architect may not practice Landscape Architecture in the State of Texas.
(28)
LAAB--Landscape Architectural Accreditation Board.
(29)
Landscape Architect--An individual who holds a valid Texas
landscape architectural registration certificate granted by the Board.
(30)
Landscape Architect of Record--A Landscape Architect who
has submitted an affidavit confirming that the Landscape Architect is employed
on a full-time basis by or, pursuant to Section 3.122, associated with a business
entity that offers or provides landscape architectural services in Texas.
The Landscape Architect of Record for a business entity shall be responsible
for answering or designating another individual to answer inquiries of the
Board concerning matters under the jurisdiction of the Board which are related
to the business entity's practice of Landscape Architecture.
(31)
Landscape Architect Registration Examination (LARE)--The
standardized test that a Candidate must pass in order to obtain a valid Texas
landscape architectural registration certificate.
(32)
Landscape Architects' Registration Law--Article 249c,
Vernon's Texas Civil Statutes, and Chapter 1052, Texas Occupations Code.
(33)
Landscape Architectural Accreditation Board (LAAB)--An
agency that accredits landscape architectural degree programs in the United
States.
(34)
Landscape Architectural Intern--An individual participating
in an internship to complete the experiential requirements for landscape architectural
registration in Texas.
(35)
Landscape Architecture--The art and science of landscape
analysis, landscape planning, and landscape design, including the performance
of professional services such as consultation, investigation, research, the
preparation of general development and detailed site design plans, the preparation
of studies, the preparation of specifications, and responsible supervision
related to the development of landscape areas for:
(A)
the planning, preservation, enhancement, and arrangement
of land forms, natural systems, features, and plantings, including ground
and water forms;
(B)
the planning and design of vegetation, circulation, walks,
and other landscape features to fulfill aesthetic and functional requirements;
(C)
the formulation of graphic and written criteria to govern
the planning and design of landscape construction development programs, including:
(i)
the preparation, review, and analysis of master and site
plans for landscape use and development;
(ii)
the analysis of environmental, physical, and social considerations
related to land use;
(iii)
the preparation of drawings, construction documents,
and specifications; and
(iv)
construction observation;
(D)
design coordination and review of technical submissions,
plans, and construction documents prepared by individuals working under the
direction of the Landscape Architect;
(E)
the preparation of feasibility studies, statements of probable
construction costs, and reports and site selection for landscape development
and preservation;
(F)
the integration, site analysis, and determination of the
location of buildings, structures, and circulation and environmental systems;
(G)
the analysis and design of:
(i)
site landscape grading and drainage;
(ii)
systems for landscape erosion and sediment control; and
(iii)
pedestrian walkway systems;
(H)
the planning and placement of uninhabitable landscape structures,
plants, landscape lighting, and hard surface areas;
(I)
the collaboration of Landscape Architects with other professionals
in the design of roads, bridges, and structures regarding the functional,
environmental, and aesthetic requirements of the areas in which they are to
be placed; and
(J)
field observation of landscape site construction, revegetation,
and maintenance.
(36)
LARE--Landscape Architect Registration Examination.
(37)
Licensed--Registered.
(38)
Member Board--A landscape architectural registration board
that is part of CLARB.
(39)
Nonregistrant--An individual who is not a Landscape Architect.
(40)
Prototypical--From or of a landscape architectural design
intentionally created not only to establish the landscape architectural parameters
of a project but also to serve as a functional model on which future variations
of the basic landscape architectural design would be based for use in additional
locations.
(41)
Registrant--Landscape Architect.
(42)
Reinstatement--The procedure through which a cancelled,
Surrendered, or revoked Texas landscape architectural registration certificate
is restored.
(43)
Renewal--The procedure through which a Landscape Architect
pays a periodic fee so that the Landscape Architect's registration certificate
will continue to be effective.
(44)
Responsible charge--That degree of control over and detailed
knowledge of the content of technical submissions during their preparation
as is ordinarily exercised by registered landscape architects applying the
applicable landscape architectural standard of care.
(45)
Rules and Regulations of the Board--22 Texas Administrative
Code §§3.1 et seq.
(46)
Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1
et seq.
(47)
Secretary-Treasurer--The member of the Board responsible
for signing the official copy of the minutes of each Board meeting and maintaining
the record of Board members' attendance at Board meetings.
(48)
SOAH--State Office of Administrative Hearings.
(49)
State Office of Administrative Hearings (SOAH)--A Governmental
Entity created to serve as an independent forum for the conduct of adjudicative
hearings involving the executive branch of Texas government.
(50)
Supervision and Control--The amount of oversight by a
landscape architect overseeing the work of another whereby
(A)
the landscape architect and the individual performing the
work can document frequent and detailed communication with one another and
the landscape architect has both control over and detailed professional knowledge
of the work; or
(B)
the landscape architect is in Responsible Charge of the
work and the individual performing the work is employed by the landscape architect
or by the landscape architect's employer.
(51)
Supplemental Document--A document that modifies or adds
to the technical landscape architectural content of an existing Construction
Document.
(52)
Surrender--The act of relinquishing a Texas landscape
architectural registration certificate along with all privileges associated
with the certificate.
(53)
Table of Equivalents for Experience in Landscape Architecture--22
Texas Administrative Code §§3.191 and 3.192 (Sections 3.191 and
3.192 of this Chapter).
(54)
TBAE--Texas Board of Architectural Examiners.
(55)
TDLR --Texas Department of Licensing and Regulation.
(56)
Texas Department of Licensing and Regulation (TDLR)--A
Texas state agency responsible for the implementation and enforcement of the
Texas Architectural Barriers Act.
(57)
Texas Guaranteed Student Loan Corporation (TGSLC)--A public,
nonprofit corporation that administers the Federal Family Education Loan Program.
(58)
TGSLC--Texas Guaranteed Student Loan Corporation.
(59)
Vice-Chairman--The member of the Board who serves as the
assistant presiding officer and, in the absence of the Chairman, serves as
the Board's presiding officer. If necessary, the Vice-Chairman succeeds the
Chairman until a new Chairman is appointed.
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 14, 2003.
TRD-200301139
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§3.6 - 3.8
The Texas Board of Architectural Examiners adopts the repeal
of §3.6, pertaining to the Board's office location; §3.7, pertaining
to the person for service of process; and §3.8, pertaining to meetings
and notices thereof. These rules are being repealed without changes and the
text will not be republished. The proposal to repeal these rules was published
in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8380). These rules are being repealed because they are
outdated or superfluous and it is not necessary to include such provisions
in the Board's rules. The modifications are being made as a result of the
agency's review of Title 22, Chapter 3, Subchapter A, as mandated by Section
2001.039 of the Texas Government Code.
The repeal will result in the elimination of unnecessary provisions in
the rules and will make it easier to understand and apply the remaining provisions.
The repeal is not expected to impact small business significantly and no significant
economic cost to persons affected by the repeal is expected as a result of
the repeal.
No comments were received concerning the proposal to repeal these rules.
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 and includes the 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 February 14, 2003.
TRD-200301140
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.9
The Texas Board of Architectural Examiners adopts an amendment
to §3.9, pertaining to officers and employees of the Board. The amendment
is being adopted with changes. The proposal to amend this rule was published
in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8381). The amendment to this rule is intended to identify
defined terms through the use of capitalization, delete provisions that are
superfluous in light of §3.13 and in light of requirements specified
in other law, and eliminate obsolete provisions such as those describing the
responsibilities of the secretary-treasurer. The changes include noting that
the Board members are appointed by the Governor, requiring the Board to employ
an executive director who shall be responsible for hiring and managing additional
staff, requiring the Board to establish an annual budget and requiring that
all expenditures comply with applicable statutory provisions and rules. The
amendment to this rule is being adopted as a result of the agency's review
of Title 22, Chapter 3, Subchapter A as mandated by Section 2001.039 of the
Texas Government Code.
The amendment to the rule will result in the elimination of superfluous
and obsolete provisions and will enhance the rules' efficiency and usefulness.
The amendment also will implement certain statutory requirements, such as
the requirement that the Board adopt rules regarding the utilization of HUBs.
The clear identification of defined terms will let affected persons know they
should refer to the definitions for further information. The amendment is
expected to have no impact on small business and no change in the cost to
persons required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment is adopted pursuant to Section 4(a) of Article
249c, and Section 3 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 the Board's powers, duties, and functions.
§3.9.Officers and Employees.
(a)
As prescribed by law, the Governor shall appoint a Chairman,
and the Board, appointed by the Governor, shall elect a Vice-Chairman and
a Secretary-Treasurer. The Chairman shall hold office until replaced by the
Governor. The Vice-Chairman and Secretary-Treasurer shall hold office until
their successors have been elected.
(b)
The Board shall employ an executive director to conduct
the affairs of the Board under the Board's direction. The executive director
shall be responsible for hiring and managing additional staff as necessary
to sustain the daily operations of the Board's office.
(c)
The Board shall be responsible for establishing an annual
budget to govern the expenditure of funds received by the Board. All expenditures
must comply with applicable statutory provisions and rules, including the
most recently adopted rules of the Texas Building and Procurement Commission
relating to Historically Underutilized Businesses.
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 14, 2003.
TRD-200301141
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.10
The Texas Board of Architectural Examiners adopts new §3.10,
pertaining to the appointment of committees necessary to conduct the business
of the Board. This new rule is being adopted without changes and the text
will not be republished. The proposal to adopt this new rule was published
in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8382). The new rule is being adopted as a result of the
Board's decision that committees are useful in increasing the board's efficiency
with regard to certain types of tasks. The new rule also is being adopted
as a result of the agency's review of Title 22, Chapter 3, Subchapter A, as
mandated by Section 2001.039 of the Texas Government Code. The new rule directs
the Chairman to appoint members of the Board to serve on committees as necessary
to conduct the business of the board.
As a result of the new rule, the Board will be able to complete some tasks,
such as reviewing and revising rules, more efficiently. The new rule will
have no impact on small business and there will be no cost to persons required
to comply with the section.
No comments were received concerning the proposal to adopt this new rule.
The new rule 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 14, 2003.
TRD-200301142
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.11
The Texas Board of Architectural Examiners adopts an amendment
to §3.11, pertaining to the official seal for the Board. The existing
rule requires that the agency use a seal similar to that of the State of Texas
with the words "Texas Board of Architectural Examiners" replacing the words
"the State of Texas." The amendment is being adopted with changes. The proposal
to amend this rule was published in the September 6, 2002, issue of the
The amendment will improve the effectiveness of the rule by enhancing the
clarity of its language and by clearly identifying a defined term. There is
expected to be no impact on small business and no additional cost to persons
required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment is proposed 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.
§3.11.Official Seal.
As its official seal, the Board shall use a seal similar to that of
the State of Texas except the words "Texas Board of Architectural Examiners"
shall replace the words "The State of 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 February 14, 2003.
TRD-200301143
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.12
The Texas Board of Architectural Examiners adopts the repeal
of §3.12 which identifies the attorneys that the Board may engage. This
rule is being repealed without changes and the text will not be republished.
The proposal to repeal this rule was published in the September 6, 2002, issue
of the
Texas Register
(27 TexReg 8382). This
rule is being repealed because it is superfluous in light of existing statutory
language designating the attorneys that may represent the Board. The modifications
are being made as a result of the agency's review of Title 22, Chapter 3,
Subchapter A, as mandated by Section 2001.039 of the Texas Government Code.
The repeal of this rule will result in the elimination of unnecessary provisions
in the rules and will make it easier to understand and apply the remaining
provisions. The repeal will not impact small business significantly, and no
significant economic cost to persons affected by the repeal is expected.
No comments were received concerning the proposal to repeal this rule.
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 and includes the 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 February 14, 2003.
TRD-200301144
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.13
The Texas Board of Architectural Examiners adopts an amendment
to §3.13, pertaining to how the Board conducts business. The existing
rule requires the Board to use Robert's Rules of Order to conduct the business
of the Board unless required otherwise by law. The amendment is being adopted
with changes. The proposal to amend this rule was published in the September
6, 2002, issue of the
Texas Register
(27 TexReg
8383). The proposed amendment to this rule is intended to make a stylistic
change in the language of the rule. The proposed amendment also capitalizes
the term "board" because it is a defined term. The change involves substituting
the words "this chapter" for "these rules" and substituting "the Board's business"
for "business by the Board." The amendment to this rule is being adopted as
a result of the agency's review of Title 22, Chapter 3, Subchapter A as mandated
by Section 2001.039 of the Texas Government Code.
The amendment corrects an awkward stylistic aspect of the rule and also
clearly identifies defined terms to let affected persons know they should
refer to the definitions for further information. There is expected to be
no impact on small business or additional cost to persons required to comply
with the section.
No comments were received concerning the proposal to amend this rule.
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.
§3.13.Robert's Rules of Order.
Unless required otherwise by law or this chapter, Robert's Rules of
Order shall be used in the conduct of the Board's business.
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 14, 2003.
TRD-200301145
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§3.14 - 3.18
The Texas Board of Architectural Examiners adopts the repeal
of §3.14, pertaining to what constitutes a quorum; §3.15, pertaining
to who shall sign certificates of registration; §3.16, pertaining to
the Board's official records; §3.17, pertaining to reimbursement for
expenses incurred in the conduct of Board business; and §3.18 pertaining
to the Council of Landscape Architectural Registration Boards (CLARB). These
rules are being repealed without changes and the text will not be republished.
The proposal to repeal these rules was published in the September 6, 2002,
issue of the
Texas Register
(27 TexReg 8383).
These rules are being repealed because §3.14 is unnecessary because Robert's
Rules of Order satisfactorily govern this issue; it is unnecessary to have
a rule designating who shall sign certificates or registration; §3.16
is superfluous because other law requires the Board to maintain the designated
records; §3.17 is unnecessary because other law governs the reimbursement
of the Board and its staff; and §3.18 is being repealed so that the Board
will have increased flexibility to determine whether to maintain membership
in national and regional organizations. In addition, subsection (b) of the
rule is unnecessary because the Board may direct staff to provide information
regarding a registration examination at any time. Subsection (c) is unnecessary
because in order for an outside entity to successfully administer a registration
examination for the agency, the agency must offer such cooperation to the
outside entity.
The modifications are being made as a result of the agency's review of
Title 22, Chapter 3, Subchapter A, as mandated by Section 2001.039 of the
Texas Government Code.
The repeal of these rules will result in the elimination of unnecessary
provisions in the rules and will make it easier to understand and apply the
remaining provisions. The repeal is not expected to impact small business
significantly, and no significant economic cost to persons affected by the
repeal is expected as a result of the repeal.
No comments were received concerning the proposal to repeal these rules.
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 and includes the 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 February 14, 2003.
TRD-200301146
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §3.14
The Texas Board of Architectural Examiners adopts new §3.14,
pertaining to procedures for addressing the Board. The new rule is being adopted
with changes. The proposal to adopt this new rule was published in the September
6, 2002, issue of the
Texas Register
(27 TexReg
8384). The new rule is being adopted as a result of the agency's review of
Title 22, Chapter 3, Subchapter A, as mandated by Section 2001.039 of the
Texas Government Code. The new rule sets forth guidelines for members of the
general public to address the Board during regularly scheduled board meetings.
The changes to the proposed rule include eliminating the requirement that
individuals submit requests and summaries of the issues to be presented at
least forty-five days before the scheduled date of the public meeting, adding
a requirement for the Board to include "public comment" as a topic on each
agenda, and specifying how the Board may respond to an inquiry regarding a
subject not listed on the agenda.
The new rule will result in the public's being better informed of their
right to address the Board. The new rule is expected to have no impact on
small business and result in no additional cost to persons required to comply
with the section.
The Board received no comments concerning the proposal to adopt the new
rule.
The new rule is adopted pursuant to Section 4(a) of Article 249c,
and Section 3(g) 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 providing the public with a reasonable opportunity
to appear before the Board.
§3.14.Procedure for Addressing the Board.
(a)
The Board shall include "public comment" as a topic on
the agenda for each regularly scheduled meeting of the Board.
(b)
During the "public comment" portion of a meeting, any member
of the general public may address the Board regarding any subject related
to the business of the Board. Each member of the public shall be allotted
five (5) minutes to make a presentation to the Board. The five-minute period
may be extended at the Board's discretion.
(c)
The Board may respond to an inquiry regarding a subject
not listed on the agenda only with:
(1)
a statement of specific factual information in response
to the inquiry; or
(2)
a recitation of existing policy in response to the inquiry.
(d)
Except as allowed by subsection (c) of this section, any
deliberation of or decision about a subject not listed on the agenda shall
be limited to a proposal to place the subject on the agenda for a subsequent
meeting.
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 14, 2003.
TRD-200301147
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §5.1
The Texas Board of Architectural Examiners adopts an amendment
to rule §5.1 for Title 22, Chapter 5, Subchapter A, pertaining to the
purpose for the Rules and Regulations of the Board. The rule indicates the
purpose as being to interpret and implement Texas Civil Statutes, Article
249a. This amendment is being adopted without changes and the text will not
be republished. The proposal to amend this rule was published in the September
6, 2002 issue of the
Texas Register
, (27 TexReg
8385). The amendment will simplify the rule without substantively changing
the Board's authority or duties. The amendment to this rule is being adopted
as a result of the agency's review of Title 22, Chapter 5, Subchapter A as
mandated by Section 2001.039 of the Texas Government Code
As a result of the amendment, the rule will be easier to understand and
interpret. There will be no significant impact on small business, and no change
in the cost to persons required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment 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 14, 2003.
TRD-200301148
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§5.2 - 5.4
The Texas Board of Architectural Examiners adopts the repeal
of §5.2, pertaining to citations; §5.3, pertaining to the Board's
regulatory authority; and §5.4, pertaining to severability, for Title
22, Chapter 5, Subchapter A. These rules are being repealed without changes
and the text will not be republished. The proposal to repeal these rules was
published in the September 6, 2002 issue of the
Texas Register
, (27 TexReg 8385). These rules are being repealed because
they are superfluous restatements of general provisions of the law and it
is not necessary to include them in the Board's rules. The modifications are
being made as a result of the agency's review of Title 22, Chapter 5, as mandated
by Section 2001.039 of the Texas Government Code.
The repeal will result in the elimination of unnecessary provisions in
the rules and will make it easier to understand and apply the remaining provisions.
The repeal is not expected to impact small business significantly, and no
significant economic cost to persons affected by the repeal is expected.
No comments were received concerning the proposal to repeal these rules.
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 and includes the 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 February 14, 2003.
TRD-200301149
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §5.5
The Texas Board of Architectural Examiners adopts an amendment
to rule §5.5 for Title 22, Chapter 5, Subchapter A, pertaining to the
definitions of words and terms used in Title 22, Chapter 5. The amendment
is being adopted with changes. The proposal to amend this rule was published
in the September 6, 2002 issue of the
Texas Register
, (27 TexReg 8385). The amendment to this rule is intended to update
the definitions of words and terms on the list, remove obsolete words and
terms from the list, and provide definitions for words and terms being added
to the list. The changes involve further refining the definitions to enhance
their clarity and effectiveness. Also, the term "Texas Guaranteed Student
Loan Corporation" has been added. The amendment to this rule is being adopted
as a result of the agency's review of Title 22, Chapter 5, Subchapter A as
mandated by Section 2001.039 of the Texas Government Code.
As a result of the amendment, the Board's rules will be more specific and
easier to understand and follow because the terms used therein will be more
clearly defined. The amendment is expected to have no additional impact on
small business and result in no change in the cost to persons required to
comply with the section.
The Board received no comments concerning the proposal to amend this rule.
The amendment 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.
§5.5.Terms Defined Herein.
The following words, terms, and acronyms, when used in this Chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
The Act -- The Interior Designers' Registration Law.
(2)
Actual Signature -- A personal signature of the individual
whose name is signed or an authorized copy of such signature.
(3)
Administrative Procedure Act (APA) -- Texas Government
Code §§2001.001 et seq.
(4)
APA -- Administrative Procedure Act.
(5)
Applicant -- An individual who has submitted an application
for registration or reinstatement but has not yet completed the registration
or reinstatement process.
(6)
Architectural Interior Construction -- A building project
that involves only the inside elements of a building and, in order to be completed,
necessitates the "practice of architecture" as that term is defined in 22
Texas Administrative Code §1.5.
(7)
Authorship -- The state of having personally created something.
(8)
Barrier-Free Design -- The design of a facility or the
design of an alteration of a facility which complies with the Texas Accessibility
Standards, the Americans with Disabilities Act, the Fair Housing Accessibility
Guidelines, or similarly accepted standards for accessible design.
(9)
Board -- Texas Board of Architectural Examiners.
(10)
Candidate -- An Applicant approved by the Board to take
the interior design registration examination.
(11)
CEPH -- Continuing Education Program Hour(s).
(12)
Chairman -- The member of the Board who serves as the
Board's presiding officer.
(13)
Construction Documents -- Drawings; specifications; and
addenda, change orders, construction change directives, and other Supplemental
Documents issued by an Interior Designer for the purpose(s) of regulatory
approval, permitting, and/or construction.
(14)
Consultant -- An individual retained by an Interior Designer
who prepares or assists in the preparation of technical design documents issued
by the Interior Designer for use in connection with the Interior Designer's
Construction Documents.
(15)
Contested Case - A proceeding, including a licensing proceeding,
in which the legal rights, duties, or privileges of a party are to be determined
by a state agency after an opportunity for adjudicative hearings.
(16)
Continuing Education Program Hour (CEPH) - At least fifty
(50) minutes of time spent in an activity meeting the Board's continuing education
requirements.
(17)
Delinquent -- A registration status signifying that an
Interior Designer
(A)
has failed to remit the applicable renewal fee to the Board
and
(B)
is no longer authorized to use the title "interior designer"
or the term "interior design" in Texas.
(18)
Direct Supervision -- The amount of oversight by an individual
overseeing the work of another whereby the supervisor and the individual being
supervised work in close proximity to one another and the supervisor has both
control over and detailed professional knowledge of the work prepared under
his or her supervision.
(19)
E-mail Directory -- A listing of e-mail addresses
(A)
used to advertise interior design services and
(B)
posted on the Internet under circumstances where the Interior
Designers included in the list have control over the information included
in the list.
(20)
Emeritus Interior Designer (or Interior Designer Emeritus)--
An honorary title that may be used by an Inactive Interior Designer who has
retired from the practice of Interior Design in Texas.
(21)
Feasibility Study -- A report of a detailed investigation
and analysis conducted to determine the advisability of a proposed interior
design project from a technical interior design standpoint.
(22)
FIDER -- Foundation for Interior Design Education Research.
(23)
Foundation for Interior Design Education Research (FIDER)
-- An agency that sets standards for postsecondary interior design education
and evaluates college and university interior design programs.
(24)
Good Standing --
(A)
a registration status signifying that an Interior Designer
is not delinquent in the payment of any fees owed to the Board or
(B)
an application status signifying that an Applicant or Candidate
is not delinquent in the payment of any fees owed to the Board, is not the
subject of a pending TBAE enforcement proceeding, and has not been the subject
of formal disciplinary action by an interior design registration board that
would provide a ground for the denial of the application for interior design
registration in Texas.
(25)
Governmental Jurisdiction -- A governmental authority
such as a state, territory, or country beyond the boundaries of Texas.
(26)
Inactive -- A registration status signifying that an Interior
Designer may not practice Interior Design in the State of Texas.
(27)
Interior Design -- The identification, research, or development
of creative solutions to problems relating to the function or quality of the
interior environment; the performance of services relating to interior spaces,
including programming, design analysis, space planning of non-load-bearing
interior construction, and application of aesthetic principles, by using specialized
knowledge of interior construction, building codes, equipment, materials,
or furnishings; or the preparation of interior design plans, specifications,
or related documents about the design of non-load-bearing interior spaces.
(28)
Interior Designer -- An individual who holds a valid Texas
interior design registration certificate granted by the Board.
(29)
Interior Designer of Record -- An Interior Designer who
has submitted an affidavit confirming that the Interior Designer is employed
on a full-time basis by or, pursuant to Section 5.132, associated with a business
entity that uses the title "interior designer" or the term "interior design"
to describe itself or a service it offers or performs in Texas. The Interior
Designer of Record for a business entity shall be responsible for answering
or designating another individual to answer inquiries of the Board concerning
matters under the jurisdiction of the Board which are related to the business
entity's use of the title "interior designer" or the term "interior design."
(30)
Interior Designers' Registration Law -- Article 249e,
Vernon's Texas Civil Statutes, and Chapter 1053, Texas Occupations Code.
(31)
Interior Design Intern -- An individual participating
in an internship to complete the experiential requirements for interior design
registration by examination in Texas.
(32)
Licensed -- Registered.
(33)
Member Board -- An interior design registration board
that is part of NCIDQ.
(34)
National Council for Interior Design Qualification (NCIDQ)
-- A nonprofit organization of state and provincial interior design regulatory
agencies and national organizations whose membership is made up in total or
in part of interior designers.
(35)
NCIDQ - National Council for Interior Design Qualification
(36)
Nonregistrant - An individual who is not an Interior Designer.
(37)
Registrant -- Interior Designer.
(38)
Reinstatement -- The procedure through which a cancelled,
Surrendered, or revoked Texas interior design registration certificate is
restored.
(39)
Renewal -- The procedure through which an Interior Designer
pays a periodic fee so that the Interior Designer's registration certificate
will continue to be effective.
(40)
Responsible Charge -- That degree of control over and
detailed knowledge of the content of technical submissions during their preparation
as is ordinarily exercised by registered interior designers applying the applicable
interior design standard of care.
(41)
Rules and Regulations of the Board -- 22 Texas Administrative
Code §§5.1 et seq.
(42)
Rules of Procedure of SOAH -- 1 Texas Administrative Code §§155.1
et seq.
(43)
Secretary-Treasurer -- The member of the Board responsible
for signing the official copy of the minutes from each Board meeting and maintaining
the record of Board members' attendance at Board meetings.
(44)
SOAH -- State Office of Administrative Hearings.
(45)
State Office of Administrative Hearings (SOAH) -- A Governmental
Entity created to serve as an independent forum for the conduct of adjudicative
hearings involving the executive branch of Texas government.
(46)
Supervision and Control -- The amount of oversight by
an interior designer overseeing the work of another whereby
(A)
the interior designer and the individual performing the
work can document frequent and detailed communication with one another and
the interior designer has both control over and detailed professional knowledge
of the work; or
(B)
the interior designer is in Responsible Charge of the work
and the individual performing the work is employed by the interior designer
or by the interior designer's employer.
(47)
Supplemental Document -- A document that modifies or adds
to the technical interior design content of an existing Construction Document.
(48)
Surrender -- The act of relinquishing a Texas interior
design registration certificate along with all privileges associated with
the certificate.
(49)
Table of Equivalents for Education and Experience in Interior
Design -- 22 Texas Administrative Code §§5.201 et seq. (Sections
5.201 - 5.203 of this Chapter).
(50)
TBAE -- Texas Board of Architectural Examiners.
(51)
TDLR -- Texas Department of Licensing and Regulation.
(52)
Texas Department of Licensing and Regulation (TDLR) --
A Texas state agency responsible for the implementation and enforcement of
the Texas Architectural Barriers Act.
(53)
Texas Guaranteed Student Loan Corporation (TGSLC) -- A
public, nonprofit corporation that administers the Federal Family Education
Loan Program.
(54)
TGSLC -- Texas Guaranteed Student Loan Corporation .
(55)
Vice-Chairman -- The member of the Board who serves as
the assistant presiding officer and, in the absence of the Chairman, serves
as the Board's presiding officer. If necessary, the Vice-Chairman succeeds
the Chairman until a new Chairman is appointed.
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 14, 2003.
TRD-200301150
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§5.6 - 5.8
The Texas Board of Architectural Examiners adopts the repeal
of §5.6, pertaining to the Board's office location; §5.7, pertaining
to the person for service of process; and §5.8, pertaining to meetings
and notices thereof for Title 22, Chapter 5, Subchapter A. These rules are
being repealed without changes and the text will not be republished. The proposal
to repeal these rules was published in the September 6, 2002 issue of the
The repeal will result in the elimination of unnecessary provisions in
the rules and will make it easier to understand and apply the remaining provisions.
The repeal is not expected to impact small business significantly and no significant
economic cost to persons affected by the repeal is expected as a result of
the repeal.
No comments were received concerning the proposal to repeal these rules.
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 and includes the 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 February 14, 2003.
TRD-200301151
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §5.9
The Texas Board of Architectural Examiners adopts an amendment
to §5.9, pertaining to officers and employees of the Board. The amendment
is being adopted with changes. The proposal to amend this rule was published
in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8388). The amendment to this rule is intended to identify
defined terms through the use of capitalization, delete provisions that are
superfluous in light of §5.13 and in light of requirements specified
in other law, and eliminate obsolete provisions such as those describing the
responsibilities of the secretary-treasurer. The changes include noting that
the Board members are appointed by the Governor, requiring the Board to employ
an executive director who shall be responsible for hiring and managing additional
staff, requiring the Board to establish an annual budget and requiring that
all expenditures comply with applicable statutory provisions and rules. The
amendment to this rule is being adopted as a result of the agency's review
of Title 22, Chapter 5, Subchapter A as mandated by Section 2001.039 of the
Texas Government Code.
The amendment to the rule will result in the elimination of superfluous
and obsolete provisions and will enhance the rules' efficiency and usefulness.
The amendment also will implement certain statutory requirements, such as
the requirement that the Board adopt rules regarding the utilization of HUBs.
The clear identification of defined terms will let affected persons know they
should refer to the definitions for further information. The amendment is
expected to have no impact on small business and no change in the cost to
persons required to comply with the section.
No comments were received concerning the proposal to amend this rule.
The amendment is adopted pursuant to Section 5(d) of Article
249e and Section 3 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 the Board's powers, duties, and functions.
§5.9.Officers and Employees.
(a)
As prescribed by law, the Governor shall appoint a Chairman,
and the Board, appointed by the Governor, shall elect a Vice-Chairman and
a Secretary-Treasurer. The Chairman shall hold office until replaced by the
Governor. The Vice-Chairman and Secretary-Treasurer shall hold office until
their successors have been elected.
(b)
The Board shall employ an executive director to conduct
the affairs of the Board under the Board's direction. The executive director
shall be responsible for hiring and managing additional staff as necessary
to sustain the daily operations of the Board's office.
(c)
The Board shall be responsible for establishing an annual
budget to govern the expenditure of funds received by the Board. All expenditures
must comply with applicable statutory provisions and rules, including the
most recently adopted rules of the Texas Building and Procurement Commission
relating to Historically Underutilized Businesses.
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 14, 2003.
TRD-200301152
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §5.10
The Texas Board of Architectural Examiners adopts new §5.10,
pertaining to the appointment of committees necessary to conduct the business
of the Board. This new rule is being adopted without changes and the text
will not be republished. The proposal to adopt this new rule was published
in the September 6, 2002, issue of the
Texas Register
(27 TexReg 8389). The new rule is being adopted as a result of the
Board's decision that committees are useful in increasing the board's efficiency
with regard to certain types of tasks. The new rule also is being adopted
as a result of the agency's review of Title 22, Chapter 5, Subchapter A, as
mandated by Section 2001.039 of the Texas Government Code. The new rule directs
the Chairman to appoint members of the Board to serve on committees as necessary
to conduct the business of the board.
As a result of the new rule, the Board will be able to complete some tasks,
such as reviewing and revising rules, more efficiently. The new rule will
have no impact on small business and there will be no cost to persons required
to comply with the section.
No comments were received concerning the proposal to adopt this new rule.
The new rule 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, including 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 14, 2003.
TRD-200301153
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §5.12
The Texas Board of Architectural Examiners adopts the repeal
of §5.12, which identifies the attorneys that the Board may engage. This
rule is being repealed without changes and the text will not be republished.
The proposal to repeal this rule was published in the September 6, 2002, issue
of the
Texas Register
(27 TexReg 8390). This
rule is being repealed because it is superfluous in light of existing statutory
language designating the attorneys that may represent the Board. The modifications
are being made as a result of the agency's review of Title 22, Chapter 5,
Subchapter A, as mandated by Section 2001.039 of the Texas Government Code.
The repeal of this rule will result in the elimination of unnecessary provisions
in the rules and will make it easier to understand and apply the remaining
provisions. The repeal will not impact small business significantly, and no
significant economic cost to persons affected by the repeal is expected.
No comments were received concerning the proposal to repeal this rule.
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 and includes the 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 February 14, 2003.
TRD-200301154
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §5.13
The Texas Board of Architectural Examiners adopts an amendment
to §5.13, pertaining to how the Board conducts business. The existing
rule requires the Board to use Robert's Rules of Order to conduct the business
of the Board unless required otherwise by law. The amendment is being adopted
with changes. The proposal to amend this rule was published in the September
6, 2002, issue of the
Texas Register
(27 TexReg
8390). The proposed amendment to this rule is intended to make a stylistic
change in the language of the rule. The proposed amendment also capitalizes
the term "board" because it is a defined term. The change involves substituting
the words "this chapter" for "these rules" and substituting "the Board's business"
for "business by the Board." The amendment to this rule is being adopted as
a result of the agency's review of Title 22, Chapter 5, Subchapter A as mandated
by Section 2001.039 of the Texas Government Code.
The amendment corrects an awkward stylistic aspect of the rule and also
clearly identifies defined terms to let affected persons know they should
refer to the definitions for further information. There is expected to be
no impact on small business or additional cost to persons required to comply
with the section.
No comments were received concerning the proposal to amend this rule.
The amendment 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, including rules.
§5.13.Robert's Rules of Order.
Unless required otherwise by law or this chapter, Robert's Rules of
Order shall be used in the conduct of the Board's business.
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 14, 2003.
TRD-200301155
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §§5.14 - 5.18
The Texas Board of Architectural Examiners adopts the repeal
of §5.14, pertaining to what constitutes a quorum; §5.15, pertaining
to who shall sign certificates of registration; §5.16, pertaining to
the Board's official records; §5.17, pertaining to reimbursement for
expenses incurred in the conduct of Board business; and §5.18 pertaining
to National Council for Interior Design Qualification. These rules are being
repealed without changes and the text will not be republished. The proposal
to repeal these rules was published in the September 6, 2002, issue of the
The modifications are being made as a result of the agency's review of
Title 22, Chapter 5, Subchapter A, as mandated by Section 2001.039 of the
Texas Government Code.
The repeal of these rules will result in the elimination of unnecessary
provisions in the rules and will make it easier to understand and apply the
remaining provisions. The repeal is not expected to impact small business
significantly, and no significant economic cost to persons affected by the
repeal is expected as a result of the repeal.
No comments were received concerning the proposal to repeal these rules.
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 and includes the 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 February 14, 2003.
TRD-200301156
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
22 TAC §5.14
The Texas Board of Architectural Examiners adopts new §5.14,
pertaining to procedures for addressing the Board. The new rule is being adopted
with changes. The proposal to adopt this new rule was published in the September
6, 2002, issue of the
Texas Register
(27 TexReg
8391). The new rule is being adopted as a result of the agency's review of
Title 22, Chapter 5, Subchapter A, as mandated by Section 2001.039 of the
Texas Government Code. The new rule sets forth guidelines for members of the
general public to address the Board during regularly scheduled board meetings.
The changes to the proposed rule include eliminating the requirement that
individuals submit requests and summaries of the issues to be presented at
least forty-five days before the scheduled date of the public meeting, adding
a requirement for the Board to include "public comment" as a topic on each
agenda, and specifying how the Board may respond to an inquiry regarding a
subject not listed on the agenda.
The new rule will result in the public's being better informed of their
right to address the Board. The new rule is expected to have no impact on
small business and result in no additional cost to persons required to comply
with the section.
The Board received no comments concerning the proposal to adopt the new
rule.
The new rule is adopted pursuant to Section 5(d) of Article 249e,
and Section 3(g) of Article 249(a), Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules,
including rules related to providing the public with a reasonable opportunity
to appear before the Board.
§5.14.Procedure for Addressing the Board.
(a)
The Board shall include "public comment" as a topic on
the agenda for each regularly scheduled meeting of the Board.
(b)
During the "public comment" portion of a meeting, any member
of the general public may address the Board regarding any subject related
to the business of the Board. Each member of the public shall be allotted
five (5) minutes to make a presentation to the Board. The five-minute period
may be extended at the Board's discretion.
(c)
The Board may respond to an inquiry regarding a subject
not listed on the agenda only with:
(1)
a statement of specific factual information in response
to the inquiry; or
(2)
a recitation of existing policy in response to the inquiry.
(d)
Except as allowed by subsection (c) of this section, any
deliberation of or decision about a subject not listed on the agenda shall
be limited to a proposal to place the subject on the agenda for a subsequent
meeting.
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 14, 2003.
TRD-200301157
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 6, 2003
Proposal publication date: September 6, 2002
For further information, please call: (512) 305-8535
Chapter 183.
ACUPUNCTURE
The Texas State Board of Medical Examiners adopts amendments to §§183.1-183.4,
183.6 and the repeal and replacement of 183.7-183.18, concerning Acupuncture,
without changes to the proposed text as published in the January 10, 2003,
issue of the
Texas Register
(28 TexReg 417)
and will not be republished.
The amendments are necessary for a general clean-up of the chapter.
The Texas State Board of Medical Examiners previously proposed an amendment
to §183.13 in the November 1, 2002, issue of the
Texas Register
(27 TexReg 10287). That amendment was withdrawn in the
January 3, 2003, issue of the
Texas Register
(28
TexReg 55). The section was re-proposed in the January 10, 2003,
Texas Register
issue to incorporate all amendments at one time.
No comments were received regarding adoption of the amendments.
22 TAC §§183.1 - 183.4, 183.6
The amendments are 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 February 14, 2003.
TRD-200301159
Donald W. Patrick. MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 10, 2003
For further information, please call: (512) 305-7016
22 TAC §§183.7 - 183.18
The repeals are 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 February 14, 2003.
TRD-200301160
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 10, 2003
For further information, please call: (512) 305-7016
22 TAC §§183.7 - 183.18
The new rules are 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 February 14, 2003.
TRD-200301161
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 10, 2003
For further information, please call: (512) 305-7016
22 TAC §§184.4, 184.6, 184.8
The Texas State Board of Medical Examiners adopts amendments
to §§184.4, 184.6 and 184.8, concerning licensure documentation,
licensure renewal and examination, without changes to the proposed text as
published in the January 3, 2003, issue of the
Texas
Register
(28 TexReg 28) and will not be republished.
The amendments allow the board to prorate the initial annual renewal fees
in order to set up a system to have surgical assistants renew their license
on the same date and to clarify several other sections of the rule.
No comments were received regarding adoption of the rules.
The amendments are 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 February 14, 2003.
TRD-200301162
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts amendments to §187.18
and §187.39, concerning procedural rules, without changes to the proposed
text as published in the January 3, 2003, issue of the
Texas Register
(28 TexReg 29) and will not be republished.
The amendments regard costs of administrative hearings and informal settlement
conferences based on personal appearance.
No comments were received regarding adoption of the amendments.
Subchapter B. INFORMAL BOARD PROCEEDINGS
22 TAC §187.18
The amendments are 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 February 14, 2003.
TRD-200301163
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 305-7016
22 TAC §187.39
The amendments are 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 February 14, 2003.
TRD-200301164
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 305-7016
22 TAC §§191.1, 191.3 - 191.5
The Texas State Board of Medical Examiners adopts amendments
to §§191.1, 191.3-191.5, concerning district review committees,
without changes to the proposed text as published in the January 3, 2003,
issue of the
Texas Register
(28 TexReg 30)
and will not be republished.
The amendments are necessary for general clean up to the chapter.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners contemporaneously adopts
the rule review of Chapter 191.
No comments were received regarding adoption of the rules.
The amendments are 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 February 14, 2003.
TRD-200301165
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 305-7016
22 TAC §193.6
The Texas State Board of Medical Examiners adopts an amendment
to §193.6, concerning standing delegation orders, without changes to
the proposed text as published in the January 3, 2003, issue of the
The amendment regards supervision waiver requests.
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 February 14, 2003.
TRD-200301166
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 6, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 305-7016
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.2
The Texas Funeral Service Commission (commission) adopts
the repeal of Title 22, Texas Administrative Code, Chapter 201, §201.2,
relating to Risk Based Inspection Procedures. The repeal is adopted without
changes to the proposal as published in the December 27, 2002, issue of the
The repeal of §201.2 is adopted because the section presently contains
matters best expressed in commission internal policies.
The commission received no comments on the repeal.
The repeal of §201.2 is adopted under Texas Occupations
Code, §651.152. The commission interprets §651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the repeal.
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 13, 2003.
TRD-200301097
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §§201.2 - 201.4
The Texas Funeral Service Commission (commission) adopts
new §201.2, relating to Procedures and Criteria for Inspections of Funeral
Establishments; §201.3, relating to Complaints and Investigations; and §201.4,
relating to Subpoenas. Notice of the proposed new sections was published in
the December 27, 2002, issue of the
Texas Register
(27 TexReg 12153). The new sections are adopted with changes to the
proposed text.
New §201.2 is adopted to establish clear procedures for the inspection
of funeral establishments and set forth risk based inspection criteria required
by Texas Occupations Code, §651.157. New §201.3 is adopted to establish
clear complaint and investigation procedures and to eliminate redundancy in
the rules. New §201.4 is adopted to establish standards for the issuance
of subpoenas and subpoenas duces tecum by the executive director, as required
by Texas Occupations Code, §651.156.
The commission received comments on the proposed new sections from the
Texas Funeral Directors Association (commenter). The commenter's comments
on §201.2 and §201.3 are best characterized as being for the proposals,
with changes.
Comment on §201.2: The commenter opined that the word "biannual" in
subsection (b)(1) should be "biennial." The commission agrees. New subsection
(b)(1) as adopted makes this change.
Comments on §201.3: Commenter suggested retitling the section to "Complaints."
The commission agrees that the new section concerns complaints. Accordingly,
the new section is retitled "Complaints and Investigations." The section addresses
both subjects. Additionally, commenter observed that the proposed preamble's
reference to Occupations Code, §651.156 as authority for the section
is incorrect. The commission agrees.
Comments on §201.4: The comment is characterized as being against
the proposal. Commenter expressed the view that the section as proposed is
"too broad", and that "[l]anguage should be added in the first sentence, after
the first statement of 'books, records, documents and/or/material' that reads
'relevant to the facility or persons under investigation or for which a hearing
is set.'" The commission agrees that items subject to a subpoena should be
relevant to the complaint under investigation or pending at the State Office
of Administrative Hearings. The new section as adopted incorporates the spirit,
though not the actual wording, of the comment. Finally, commenter recommended
that the commission include language affording a person or establishment the
opportunity to appeal a subpoena's issuance to the commission. The commission
disagrees. The commission generally only meets quarterly. An appeals' process
to the commission would delay investigations unnecessarily. Further, the courts
are the proper forums to decide the validity of subpoenas.
The Commission's counsel has advised that the changes made in the sections
as adopted affect no new persons, entities, or subjects other than those given
notice and that compliance with the adopted sections will be less burdensome
than under the proposed sections. Accordingly, republication of the adopted
sections as new proposed rules is not required.
New §201.2 is adopted under Texas Occupations Code, §651.152
and §651.157. The commission interprets §651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651. The commission interprets §651.157
as requiring it to adopt rules establishing criteria for risk-based inspections.
New §201.3 is adopted under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
New §201.4 is adopted under Texas Occupations Code, §651.156.
The commission interprets §651.156 as requiring it to adopt rules establishing
standards that enable the executive director to issue subpoenas or subpoenas
duces tecum.
No other statutes, articles, or codes are affected by the new sections.
§201.2.Procedures and Criteria for Inspections of Funeral Establishments.
(a)
Inspection Procedures
(1)
All licensed funeral establishments shall be inspected
at least once every two years.
(2)
All inspections shall be unannounced.
(3)
The inspector shall review prior inspection reports before
inspecting a funeral establishment. If prior reports reveal problems, the
inspector shall determine whether the establishment has corrected the previously
identified problems or whether a pattern of violations or new violations exist.
(4)
Inspectors shall use reasonable efforts to conduct most
of their inspections between the hours of 8:00 a.m. and 5:00 p.m., but funeral
establishments are required to be open at all times to inspections for violations
of Texas Occupations Code, Chapter 651, and Texas Health and Safety Code,
Chapters 193 and 361.
(b)
Criteria for Risk-Based Inspections
(1)
History of Prior Violation. Funeral establishments shall
be inspected annually until they are free of violations, if the commission
previously found violations of Texas Occupations Code, Chapter 651, and Texas
Health and Safety Code, Chapters 193 and 361 following biennial inspections.
(2)
Sanctions. Funeral establishments that have received a
reprimand or letter of warning, that have been assessed administrative penalties,
that have had licenses suspended, or that have been restrained or enjoined
for violations of Texas Occupations Code, Chapter 651 or commission rules
are subject to inspection at anytime within three (3) years following the
date that the commission's action became final.
(3)
Pendency of Investigation. If the commission is in the
process of conducting an investigation of a funeral establishment based on
a consumer complaint, staff may determine that an inspection is warranted
for the limited purpose of proving or disproving the validity of the complaint.
The scope of inspections under this subsection shall be limited to matters
relating to the subject of the complaint. For example, if the consumer complaint
relates to a variance between price charged for an item on the funeral purchase
agreement and the published price for the item on the retail price list, the
inspector may inspect a representative number of documents to determine or
disprove the existence of a pattern of similar variances.
§201.3.Complaints and Investigations.
(a)
Any person may file a complaint with the commission concerning
any licensee's violation of Texas Occupations Code, Chapter 651, the rules
promulgated by the commission, Texas Health and Safety Code, Chapters 193,
361, and 711 - 715, or Texas Finance Code, Chapter 154. Staff will furnish
a form that a person may use for the purpose of filing a complaint in writing.
The form will include space for the following information:
(1)
the name and business address of the person or establishment
complained of;
(2)
the time and place where acts occurred;
(3)
the nature of the acts set out in sufficient detail to
enable the commission to investigate the complaint and the person or entity
complained of to identify the incident and prepare a defense;
(4)
the names, addresses, and telephone numbers of any persons
who witnessed the acts; and
(5)
any pertinent contracts, photographs, letters, advertisements
or other documents.
(b)
The executive director shall supervise all investigations
by the commission, including the investigation of any circumstances involved
with the renewal of any license provided for in Texas Occupations Code, Chapter
651.
(c)
A person may file a complaint without using the commission's
form.
§201.4.Subpoenas.
The executive director may issue subpoenas and subpoenas duces tecum
to compel the attendance of witnesses and the production of books, records,
documents and/or other material relevant to the complaint under investigation
or pending at the State Office of Administrative Hearings.
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 13, 2003.
TRD-200301088
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §201.7, §201.13
The Texas Funeral Service Commission (commission) adopts
the repeal of Title 22, Texas Administrative Code, Chapter 201, §201.7,
relating to Allegations and Investigations, and §201.13, relating to
Inspections and Investigations. The repeals are adopted without changes to
the proposal as published in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12155).
The repeal of §201.7 is adopted because the section is redundant and
contains matters expressed elsewhere in the commission's rules. The repeal
of §201.13 is adopted because the section contains matters best expressed
in commission internal policies.
The commission received no comments on the proposed repeals.
The repeals are adopted under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the new sections.
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 13, 2003.
TRD-200301089
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §201.12, §201.19
The Texas Funeral Service Commission (commission) adopts
amendments to Title 22, Texas Administrative Code, Chapter 201, §201.12,
relating to Retired Licenses and §201.19, relating to Correspondence.
Notice of the proposed amendments was published in the December 27, 2002,
issue of the
Texas Register
(27 TexReg 12155).
The amended sections are adopted without changes to the proposed text and
will not be republished.
Amended §201.12 removes subsection (c) because that subsection is
superfluous to provisions found elsewhere in the commission's rules. Amended §201.19
allows commission-related correspondence to be sent to a post office box,
or any other location as requested by the licensee or establishment owner,
and establishes a mail box rule mirroring language of the Texas Rules of Civil
Procedure.
The commission received comments on the proposed amendment to §201.12
from the Texas Funeral Directors Association (commenter). Commenter expressed
opposition to the amendment.
The commenter disagreed with the preamble's statement that the subsection
proposed for deletion duplicates the continuing education requirements of §203.30.
Further, commenter is "highly opposed to the removal of this opportunity"
and finds "the background language inaccurate and misleading." The commission
disagrees. The deleted language created no opportunity. It placed limitations
on a retired licensee's ability to pay a non-compliance penalty fee when converting
from retired inactive to active retired status. The "opportunity" to which
commenter refers is actually found in subsection (b) of this section which
allows a licensee, when converting from a retired inactive status to a retired
active statute, to "pay a $300 continuing education non-compliance fee in
lieu of complying with the commission's continuing education requirements."
Subsection (b) remains part of §201.12 and is not impacted by the deletion
of subsection (c). Finally, the commission responds to the commenter assertion
that the preamble's reference to §203.30 as being "inaccurate and misleading"
by observing that the deleted language of subsection (c) is repeated practically
verbatim in §203.30(i)(2)(A).
The amendments are adopted under Texas Occupations Code, §651.152.
The commission interprets §651.152 as authorizing it to adopt rules as
necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the amended sections.
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 13, 2003.
TRD-200301091
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §203.4, §203.28
The Texas Funeral Service Commission (commission) adopts
the repeal of Title 22, Texas Administrative Code, Chapter 203, §203.4,
relating to Transfer of Licenses Prohibited and §203.28, relating to
Establishment Licenses. The repeals are adopted without changes to the proposal
as published in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12156).
The repeals of §203.4 and §203.28 are adopted because both sections
apply to funeral establishment licensure. Further, §203.4 presently fails
to distinguish between new and renewal license applications and its caption
does not adequately describe the rule's subject.
The commission received no comments on the repeals.
The repeals of existing §203.4 and §203.28 are adopted
under Texas Occupations Code, §651.152. The commission interprets §651.152
as authorizing it to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the repeals.
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 13, 2003.
TRD-200301092
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §203.4
The Texas Funeral Service Commission (commission) adopts
new §203.4, relating to Licensure of Funeral Establishments and Commercial
Embalming Establishments and Display of License. Notice of the new section
was published in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12156). The new section is adopted with changes
to the proposed text.
New §203.4 combines the subjects of repealed §203.4 and §203.28
into a single rule.
The Texas Funeral Directors Association (commenter) commented against the
proposed new section. The commenter first noted that current commission rule §203.29
permits a funeral establishment to be licensed under a trade name, as does
Chapter 36 of the Texas Business Code. The commission agrees. The section
as adopted provides that the license shall be issued in the establishment's
name to the establishment's owner.
The commenter next stated that it disagreed with the interplay of §203.28(a)(2)
and (4) which together require new license applications and inspections for
establishment changes of name and ownership, as well as changes of physical
location. The commenter also asserted that proposed §203.4 directly conflicts
with existing §203.29. The commission agrees that changes of name or
ownership should not automatically trigger inspections. Section 203.28(a)(2)
as adopted requires inspections only for the initial licensure of a new establishment
and for the licensure of an establishment that has changed its physical location.
Under the new section as adopted, establishments that change name or ownership
will not necessarily undergo inspection before receiving a new license.
Commenter suggested alternative wording for use in subsection (b)(6), asserting
that the phrase "an administrative hearing or judicial review" should be substituted
for the word "appeal" as proposed. The commission agrees. The adopted subsection
contains the suggested phrase. The commission observes, too, that subsection
(a)(5) as proposed uses the same language for which the commenter submitted
alternative language in subsection (b)(6). Accordingly, subsection (a)(5)
incorporates commenter's suggested phrase, as well.
Commenter expressed opposition to subsection (c) as well which, if adopted
as proposed, would authorize the commission to refuse to issue a new license
or to renew a license to or for an establishment if a person whose license
was suspended or revoked possessed a pecuniary interest in the establishment.
Commenter stated that "[s]uch a rule would adversely affect publicly traded
companies in which a person may purchase stock. Companies have no control
over who purchases stock when it is publicly sold." The commission agrees
that publicly traded companies cannot control who purchases their stock. The
commission disagrees, however, with commenter's apparent conclusion that a
shareholder of a publicly traded corporation has a pecuniary interest in establishments
owned by the corporation. A shareholder's pecuniary interest is in the corporation
itself, not in specific corporate assets. Nevertheless, the adopted version
of subsection (c) makes clear that this subsection applies only to ownership
interests in the establishments themselves.
The Commission's counsel has advised that the changes made in the section
as adopted affect no new persons, entities, or subjects other than those given
notice and that compliance with the adopted section will be less burdensome
than under the proposed section. Accordingly, republication of the adopted
section as a new proposed rule is not required.
New §203.4 is adopted under Texas Occupations Code, §651.152
and §651.164. The commission interprets §651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651 and interprets §651.164
as authorizing it to adopt rules providing for a staggered system of licensure.
No other statutes, articles, or codes are affected by the new section.
§203.4.Licensure of Funeral Establishments and Commercial Embalming Establishments and Display of License.
(a)
New License Applications
(1)
Applications for licensure must be submitted on forms developed
by the commission. Applications shall be accompanied by applicable licensing
fees and embalming case report forms reflecting the establishment's name.
Additionally, funeral establishments shall submit copies of all price lists
and purchase agreement forms.
(2)
The passage of an inspection is mandatory for a new establishment
seeking its initial licensure and for previously licensed establishments that
have changed physical location.
(3)
The license shall be issued to the establishment's owner.
(4)
A change of ownership, name, or physical address requires
the submission of a new establishment license application. The application
must be filed with the commission within 30 days following the occurrence
of the event requiring the license application. The failure to timely file
the application will result in the assessment of a late application fee of
$100.
(5)
A license will not be issued unless all fees and outstanding
penalties, if any, have been paid or the commission is in possession of evidence
that the applicant is current on a payment plan or that penalties previously
assessed are the subject of an administrative hearing or judicial review.
Staff shall notify the applicant of any unpaid penalties.
(6)
A license issued under this subsection expires on the last
day of the month twelve months from the date of issue.
(b)
Outstanding Licenses and Fees
(1)
Initial Expiration Date: Licenses outstanding on the effective
date hereof expire September 30, 2003.
(2)
Initial Renewal Period: The initial renewal period for
a license described in paragraph (1) of this subsection is the number of months,
not less than seven, from September to the month of the establishment's original
licensure date. If the number of months under the first sentence hereof would
be less than seven, then the initial renewal period is determined by adding
twelve months to the number of months from September to the month of the establishment's
original licensure date. The monthly fee for the initial renewal license,
payable in a lump sum, is equal to one-twelfth (1/12) of the annual license
fee.
(3)
Subsequent Renewal Periods. The renewal period of a license
described in paragraph (2) of this subsection is twelve months beginning on
the 1st day of the month following the expiration of the initial renewal period
and annually thereafter.
(4)
A late renewal fee will be assessed for an application
for renewal date stamped after its renewal date.
(5)
Establishments may be inspected upon the submission of
a renewal application.
(6)
A renewal license will not be issued unless all fees and
outstanding penalties, if any, have been paid or the Commission's records
reflect that the applicant is current on a payment plan or that penalties
previously assessed are the subject of an administrative hearing or judicial
review. Staff shall notify the applicant of any unpaid penalties.
(c)
Certain Grounds for Denial or Revocation of a License.
The commission may refuse to issue a new license or to renew an outstanding
license or may revoke an establishment's license if it determines that the
license application contains material false information or that a person whose
individual license to practice funeral directing or embalming is currently
suspended or revoked owns the establishment or an interest in the establishment.
(d)
Conspicuous Display of License. The license shall be conspicuously
displayed in an area of the establishment open and accessible to the general
public. A license is conspicuously displayed when it is placed in an area
of the funeral establishment generally accessed by a consumer making funeral
arrangements.
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 13, 2003.
TRD-200301093
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §203.6
The Texas Funeral Service Commission adopts an amendment
to Title 22, Texas Administrative Code, §203.6, relating to Provisional
Licensees. Notice of the proposed amendment was published in the December
27, 2002, issue of the
Texas Register
(27
TexReg 12157). The amended section is adopted without changes to the proposed
text and will not be republished.
The adopted amendment provides for license expiration one year from the
issue date.
The commission received no comments on the proposed amendment.
The amendment is adopted under the authority of the Texas Occupations
Code, §651.152 which authorizes the Commission to issue such rules and
regulations as may be necessary to administer Chapter 651. The amendment is
also adopted under Texas Occupations Code, §651.164. The commission interprets §651.164
as authorizing it to adopt rules providing for a staggered system of licensure.
No other statutes, articles, or codes are affected by the amended 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 13, 2003.
TRD-200301090
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §203.26
The Texas Funeral Service Commission (commission) adopts
new Title 22, Texas Administrative Code, §203.26, relating to Licensure
of Funeral Directors and Embalmers. Notice of the proposed new section was
published in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12158). The section is adopted without changes
to the proposed text and will not be republished.
New §203.26 provides for a phased-in system of staggered licensure
for funeral directors and embalmers. Texas Occupations Code, §651.164
authorizes the commission to implement a staggered system of license renewal.
The commission's new software is capable of tracking staggered license renewals.
The new system will reduce the pressure on staff produced by the current license
renewal system.
The commission received no comments on the proposed new section.
The new section is adopted under the authority of the Texas Occupations
Code, §651.152 which authorizes the commission to issue such rules and
regulations as may be necessary to administer Chapter 651. The new section
is also adopted under Texas Occupations Code, §651.164. The commission
interprets §651.164 as authorizing it to adopt rules providing for a
staggered system of licensure.
No other statutes, articles, or codes are affected by the adopted 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 13, 2003.
TRD-200301094
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §203.30
The Texas Funeral Service Commission (commission) adopts
amendments to Title 22, Texas Administrative Code, §203.30, relating
to Continuing Education. Notice of the proposed amendments was published in
the December 27, 2002, issue of the
Texas Register
(27 TexReg 12158). The amended section is adopted with changes to
the proposed text.
The adopted amendments: (1) make nonsubstantive grammatical changes, in
part, to conform to
Texas Register
formatting
and grammatical preferences; (2) clarify continuing education requirements
for licensees, including persons in Retired, Active and Retired, Inactive
status; and (3) clarify responsibilities of approved providers.
The Texas Funeral Director's Association (commenter) filed comments.
Commenter reiterated its comment on "§203.12" and expressed strong
support for the opportunity of retired, inactive licensees to return to active
status. The commission considers the comment as being against the proposed
amendment. The commission responds that §201.12(b), which is not affected
by these amendments, allows a retired, inactive licensee to convert to a retired
active status by the payment of "50% of the current renewal fee charged licensees
not in a retired status;" provided that the person shows compliance with continuing
education requirements or pays "a $300 continuing education non-compliance
fee."
Commenter also stated that "we are unclear as to whether the deletion of §203.30(d)(2)
prohibits the use of the listed entities as sources that may be approved for
continuing education or if it was struck because it was determined such language
was not necessary within the rule, but such sources would still be applicable."
The commission responds that subsection (d)(2) merely provided examples of
the types of continuing education programs that may merit approval. Commission
staff will still consider approving the sources of education previously included
in the deleted subsection.
Commenter next asserted that the proposed amendment to §203.30(d)(4)
allowing the commission to refuse approval of any provider's application "for
any reason" is "too broad and subjective." The commission disagrees with the
commenter's characterization of the language and regrets that commenter failed
to offer alternative wording. Nevertheless, the commission has changed the
wording of the subsection as adopted in an attempt to address commenter's
concerns without unduly hampering the commission's authority to approve or
withhold approval of particular courses or providers.
Finally, the commission notes that §203.30(h)(5) as proposed contained
an incorrect reference to subsection (i)(4). The reference should have been
to subsection (h)(4) and the incorrect reference is corrected in the subsection,
as adopted.
The Commission's counsel has advised that the changes made in the section
as adopted affect no new persons, entities, or subjects other than those given
notice and that compliance with the adopted section will be less burdensome
than under the proposed section. Accordingly, republication of the adopted
section as new proposed amendments is not required.
The amendments are adopted under the authority of the Texas Occupations
Code, §651.152 and §651.266. The Commission interprets §651.152
as authorizing it to issue such rules and regulations as may be necessary
to administer Chapter 651. The Commission interprets §651.266 as authorizing
it to require continuing education, including ethics training, as a condition
of license renewal.
No other statutes, articles, or codes are affected by the adopted amendments.
§203.30.Continuing Education.
(a)
Purpose: Each person holding an active license and practicing
as a funeral director or embalmer in this state is required to participate
in continuing education as a condition of license renewal.
(b)
Definitions: The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Approved provider--Any person or organization conducting
or sponsoring a specific program of instruction that has been approved by
the commission.
(2)
Approved program--A continuing education program activity
that has been approved by the commission. The program shall contribute to
the advancement, extension, and enhancement of the professional skills and
knowledge of the licensee in the practice of funeral directing and embalming
by providing information relative to the funeral service industry.
(3)
Hour of continuing education--A 50 minute clock hour completed
by a licensee in attendance at an approved continuing education program.
(c)
Types of Acceptable Continuing Education: Acceptable sources
of continuing education are institutes, seminars, workshops, conferences,
independent study programs, college academic or continuing education courses
which are related to or enhance the practice of funeral directing or embalming
and are offered or sponsored by an approved provider.
(d)
Approval of continuing education
(1)
A person or entity seeking approval as a continuing education
provider shall file a completed application on a form provided by the commission
and include the continuing education provider fee and the fee for each course
submitted. Governmental agencies are exempt from paying this fee.
(2)
National or state funeral industry professional organizations
may apply for approval of seminars or other courses of study given during
a convention.
(3)
An application for approval must be accompanied by a syllabus
for each course submitted which specifies the course objectives, course content
and teaching methods to be used, and the number of credit hours each course
is requesting to be granted, and a brief resume or description of the instructor
and the instructor's qualifications.
(4)
A provider is not approved until the executive director
communicates in writing that the application has been accepted and issues
a Provider Number for the provider and a course number for each course offered
under that Provider number. The commission may refuse to approve a provider's
application for any valid reason, as determined by the commission.
(5)
A Provider Number and Course number are valid for one year,
expiring on December 31st of each year, regardless of when the number was
granted.
(e)
Responsibilities of Approved Providers
(1)
The provider shall verify attendance at each program and
provide a certificate of attendance to each attendee. The certificate of attendance
shall contain:
(A)
the name of the provider and approval number;
(B)
the name of the participant;
(C)
the title of the course or program, including the course
or program number;
(D)
the number of credit hours given;
(E)
the date and place the course was held;
(F)
the signature of the provider or provider's representative.
(G)
the signature of each attendee.
(2)
The provider shall maintain the attendance records for
a minimum of two years on each course provided.
(3)
The provider shall provide a mechanism for evaluation of
the program by the participants, to be completed on-site or at the time the
program concludes. A copy of the evaluations will be provided to the commission
within 30 days following the presentation of each course, along with the course
attendance roster.
(4)
The provider shall provide a syllabus of each course offered,
which may include a copy of any video offered for home study.
(5)
The provider shall be responsible for ensuring that no
licensee receives continuing education credit for time not actually spent
attending the program.
(6)
Commission staff may monitor any continuing education with
or without prior notice.
(f)
Credit Hours Required
(1)
Licensed funeral directors and embalmers who actively practice
in this state are required to obtain 20 hours of continuing education every
two year renewal period. A licensee may receive credit for a course only once
during a renewal period.
(2)
The following are mandatory continuing education hours
and subjects for each renewal period:
(A)
Ethics--2 credit hours--this course must at least cover
principals of right and wrong, the philosophy of morals, and standards of
professional behavior.
(B)
Law Updates--2 credit hours--this course must at least
cover the most current versions of Texas Occupations Code Chapter 651, and
22 Texas Administrative Code Chapters 201 and 203.
(C)
Vital Statistics Requirements and Regulations--2 credit
hours--this course must at least cover Health and Safety Code Chapters 193,
711 - 715 and Texas Administrative Code Chapter 181.
(g)
Credit Hour Eligibility. The commission will grant the
following credit hours toward the continuing education requirements for license
renewal.
(1)
One credit hour is given for each hour of participation,
except in accredited college courses taken for school credit. Such college
courses will be evaluated by the executive director on an individual basis
for a certification fee set by the commission. College hour credit does not
count toward the mandatory hours and subjects described in subsection (f)(2)
of this section.
(2)
A person is eligible for a maximum of 5 credit hours per
renewal period for provisional licensee supervision, regardless of the number
of provisionals supervised.
(3)
A presenter or instructor of approved continuing education
is eligible for a maximum of 5 credit hours per renewal period for instruction,
regardless of the number of times the course is presented.
(4)
All required hours may be obtained through independent
study, including home study or Internet presentation.
(5)
A person is eligible for a maximum of 4 credit hours per
renewal period for attendance at commission meetings, provided the licensee
signs in and out and is present during this period of time.
(6)
A licensee may carry over to the next renewal period up
to 10 credit hours earned in excess of the continuing education renewal requirements,
except for those courses listed in subsection (f)(2) of this section.
(7)
It is the responsibility of the licensee to track the number
of hours accumulated during a licensing period.
(8)
When excessive hours are to be carried over to the next
licensing period, the licensee must request and obtain permission in writing
to carry over continuing education hours. This request will be kept in the
permanent licensing file of the individual.
(h)
Exemptions, waivers, reactivation, and conversion
(1)
Continuing education requirements for individuals newly
licensed by examination, except reciprocal licensees, shall be waived for
the first-time renewal of license.
(2)
Individuals licensed in Texas, but not practicing in the
state, are exempt from the continuing education requirements set forth in
this section. Any individual who returns to practice in this state shall,
before the next license renewal period, meet the continuing education requirements.
(3)
Persons in a "Retired, Inactive" status are exempt from
the continuing education requirements.
(4)
Persons in a "Retired, Active" status are required to obtain
10 hours of continuing education, including the mandatory hours and subjects
of subsection (f)(2) of this section.
(5)
Persons converting from a "Retired, Inactive" status to
a "Retired, Active" status shall obtain the continuing education hours required
in paragraph (4) of this subsection.
(6)
Persons in an active military status are eligible for exemption
from the continuing education requirements, upon request. A copy of the active
duty orders must be included in the request. Upon release from active duty
and return to residency in the state, the individual shall meet the continuing
education requirements before the next renewal period after the release and
return.
(7)
The executive director may authorize full or partial hardship
exemptions from the requirements of this section based on personal or family
circumstances and may require documentation of such circumstances.
(A)
The hardship request must be submitted in writing at least
30 days prior to the expiration of the license.
(B)
Hardship exemptions will not be granted for consecutive
licensing periods.
(i)
Failure to comply.
(1)
The commission will not renew the license of an individual
who fails to obtain the continuing education requirements of this section,
except as provided by paragraph (2) of this subsection.
(2)
A $300 noncompliance fee must be paid before a license
is subject to renewal if the individual has not obtained the required continuing
education.
(A)
The $300 noncompliance fee may only be used in lieu of
obtaining the required continuing education for every other biennial renewal
period.
(B)
The noncompliance penalty fee and allowance for every other
renewal period does not eliminate the necessity of obtaining continuing education
hours in the mandatory courses listed in subsection (g)(2) of this section.
(C)
The mandatory courses must be taken before the license
expiration. If the mandatory courses do not total 20 hours, the noncompliance
fee of $300 is due upon application for renewal.
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 13, 2003.
TRD-200301095
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
22 TAC §205.1, §205.2
The Texas Funeral Service Commission (commission) adopts
amendments to Title 22, Texas Administrative Code, Chapter 205, §205.1,
relating to Registration of Cemeteries and Crematories and §205.2, relating
to Fees for Registration of Cemeteries and Crematories. Notice of the proposed
amendments was published in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12161). The section is adopted without changes
to the proposed text and will not be republished.
The adopted amendments provide for staggered registration expiration dates,
describe how registration fees are determined, provide when the fees are payable,
and recognize the statutory exemption from registration fees applicable to
perpetual care cemeteries.
The commission received no comments on the proposed amendments.
The amendments are adopted under the authority of Texas Occupations
Code, §651.152 and §651.164. The Commission interprets §651.152
as authorizing it to issue such rules and regulations as may be necessary
to administer Chapter 651. The Commission interprets §651.164 as authorizing
it to adopt rules providing for a staggered system of licensure.
No other statutes, articles, or codes are affected by the amended sections.
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 13, 2003.
TRD-200301096
Cue D. Boykin
Assistant Attorney General
Texas Funeral Service Commission
Effective date: March 5, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 475-4219
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.11
The Texas State Board of Examiners of Psychologists adopts
amendments to §463.11, concerning Licensed Psychologist, with changes
to the proposed text as published in the December 6, 2002, issue of the
The amendments are being adopted in order to alert applicants to the conditions
under which the Board might approve a gap in supervised experience years and
to ensure that licensees from other jurisdictions seeking licensure in Texas
do not have disciplinary action in those jurisdictions.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
§463.11.Licensed Psychologist.
(a)
Application Requirements by Provisional Licensure. This
application is provided free of charge to the applicant who has taken the
oral examination. Upon passage of the oral examination, the applicant may
submit the licensed psychologist application. An application for licensure
as a psychologist includes, in addition to the requirements set forth in §463.5(1)
of this title (relating to Application File Requirements):
(1)
Documentation of current licensure as a provisionally licensed
psychologist in good standing.
(2)
Documentation indicating passage of the Board's Oral Examination.
(3)
Documentation of two years of supervised experience from
a licensed psychologist which satisfies the requirements of the Board. The
formal year must be documented by the Director of Internship Training.
(4)
Documentation of licensure in other jurisdictions, including
information on disciplinary action and pending complaints, sent directly to
the Board.
(b)
Degree Requirements. The degree requirements for licensure
as a psychologist are the same as for provisional licensure as stated in §463.10
of this title (relating to Provisionally Licensed Psychologist).
(c)
Supervised Experience. In order to qualify for licensure,
a psychologist must submit proof of two years of supervised experience, at
least one year of which must have been received after the doctoral degree
was officially conferred or completed, whichever is earliest, as shown on
the official transcript, and at least one year of which must have been a formal
internship. The formal internship year may be met either before or after the
doctoral degree is conferred or completed. Supervised experience must be obtained
in a minimum of two, and no more than three, calendar years, for full-time
experience.
(1)
General. All supervised experience for licensure as a psychologist,
including the formal internship, must meet the following requirements:
(A)
Experience may be obtained only in either a full-time or
half-time setting.
(B)
A year of full-time supervised experience is defined as
a minimum of 35 hours per week employment/experience in not less than twelve
consecutive calendar months in not more than two placements.
(C)
A year of half-time supervised experience is defined as
a minimum of 20 hours per week employment/experience in not less than 24 consecutive
calendar months in not more than two placements.
(D)
A year of full-time experience may be acquired through
a combination of half-time and full-time employment/experience provided that
the equivalent of a full-time year of supervision experience is satisfied.
(E)
One calendar year from the beginning of ten consecutive
months of employment/experience in an academic setting constitutes one year
of experience.
(F)
When supervised experience is interrupted , the Board may
waive upon a showing of good cause by the supervisee, the requirement that
the supervised experience be completed in consecutive months. Any consecutive
experience obtained before or after the gap must be at least six months unless
the supervisor remains the same. Waivers for such gaps are rarely approved
and must be requested in writing and include sufficient documentation to permit
verification of the circumstances supporting the request. No waiver will be
granted unless the Board finds that the supervised experience for which the
waiver is sought was adequate and appropriate. Good cause is defined as:
(i)
unanticipated discontinuance of the supervision setting,
(ii)
maternity or paternity leave of supervisee,
(iii)
relocation of spouse or spousal equivalent,
(iv)
serious illness of the supervisee, or serious illness
in supervisee's immediate family.
(G)
A rotating internship organized within a doctoral program
is considered to be one placement.
(H)
The experience requirement must be obtained after official
enrollment in a doctoral program.
(I)
All supervised experience must be received from a psychologist
licensed at the time supervision is received.
(J)
The supervising psychologist must be trained in the area
of supervision provided to the supervisee.
(K)
No experience which is obtained from a psychologist who
is related within the second degree of affinity or within the second degree
by consanguinity to the person may be considered.
(L)
All supervised experience obtained for the purpose of licensure
must be conducted in accordance with all applicable Board rules.
(M)
Experience received from a psychologist while the psychologist
is practicing subject to an Agreed Board Order or Board Order shall not, under
any circumstances, qualify as supervised experience for licensure purposes
regardless of the setting in which it was received. Psychologists who become
subject to an Agreed Board Order or Board Order shall inform all supervisees
of the Agreed Board Order or Board Order and assist all supervisees in finding
appropriate alternate supervision.
(N)
The supervisee shall be designated by a title that clearly
indicates a supervisory licensing status such as "intern," "resident," "trainee,"
or "fellow." An individual who is a provisionally licensed psychologist may
use this title so long as those receiving psychological services are clearly
informed that the individual is under the supervision of a licensed psychologist.
Use of a different job title is permitted only if the supervisee is providing
services for a government facility or other facility exempted under §501.004
of the Act (Applicability) and the supervisee is using a title assigned by
that facility.
(O)
The supervisee and supervisor must clearly inform those
receiving psychological services as to the supervisory status of the individual
and how the patient or client may contact the supervising licensed psychologist
directly.
(2)
Formal Internship. At least one year of experience must
be satisfied by one of the following types of formal internship:
(A)
The successful completion of an internship program accredited
by the American Psychological Association; or
(B)
The successful completion of an organized internship meeting
all of the following criteria:
(i)
It must constitute an organized training program which
is designed to provide the intern with a planned, programmed sequence of training
experiences. The primary focus and purpose of the program must be to assure
breadth and quality of training.
(ii)
The internship agency must have a clearly designated staff
psychologist who is responsible for the integrity and quality of the training
program and who is actively licensed/certified by the licensing board of the
jurisdiction in which the internship takes place and who is present at the
training facility for a minimum of 20 hours a week.
(iii)
The internship agency must have two or more full-time
licensed psychologists on the staff as primary supervisors.
(iv)
Internship supervision must be provided by a staff member
of the internship agency or by an affiliate of that agency who carries clinical
responsibility for the cases being supervised.
(v)
The internship must provide training in a range of assessment
and intervention activities conducted directly with patients/clients.
(vi)
At least 25% of trainee's time must be in direct patient/client
contact (minimum 375 hours).
(vii)
The internship must include a minimum of two hours per
week (regardless of whether the internship was completed in one year or two)
of regularly scheduled formal, face-to-face individual supervision. There
must also be at least two additional hours per week in learning activities
such as: case conferences involving a case in which the intern was actively
involved; seminars dealing with psychology issues; co-therapy with a staff
person including discussion; group supervision; additional individual supervision.
(viii)
Training must be post-clerkship, post-practicum and
post- externship level.
(ix)
The internship agency must have a minimum of two full-time
equivalent interns at the internship level of training during applicant's
training period.
(x)
The internship agency must inform prospective interns about
the goals and content of the internship, as well as the expectations for quantity
and quality of trainee's work; or
(C)
The successful completion of an organized internship program
in a school district meeting the following criteria:
(i)
The internship experience must be provided at or near the
end of the formal training period.
(ii)
The internship experience must occur on a full-time basis
over a period of one academic year, or on a half-time basis over a period
of two consecutive academic years.
(iii)
The internship experience must be consistent with a written
plan and must meet the specific training objectives of the program.
(iv)
The internship experience must occur in a setting appropriate
to the specific training objectives of the program.
(v)
At least 600 clock hours of the internship experience must
occur in a school setting and must provide a balanced exposure to regular
and special educational programs.
(vi)
The internship experience must occur under conditions
of appropriate supervision. Field-based internship supervisors, for the purpose
of the internship that takes place in a school setting, must be licensed as
a psychologist and, if a separate credential is required to practice school
psychology, must have a valid credential to provide psychology in the public
schools. The portion of the internship which appropriately may take place
in a non-school setting must be supervised by a psychologist.
(vii)
Field-based internship supervisors must be responsible
for no more than two interns at any given time. University internship supervisors
shall be responsible for no more than twelve interns at any given time.
(viii)
Field-based internship supervisors must provide at least
two hours per week of direct supervision for each intern. University internship
supervisors must maintain an ongoing relationship with field-based internship
supervisors and shall provide at least one field-based contact per semester
with each intern.
(ix)
The internship site shall inform interns concerning the
period of the internship and the training objectives of the program.
(x)
The internship experience must be systematically evaluated
in a manner consistent with the specific training objectives of the program.
(xi)
The internship experience must be conducted in a manner
consistent with the current legal-ethical standards of the profession.
(xii)
The internship agency must have a minimum of two full-time
equivalent interns at the internship level during the applicant's training
period.
(xiii)
The internship agency must have the availability of
at least two full-time equivalent psychologists as primary supervisors, at
least one of whom is employed full time at the agency and is a school psychologist.
(3)
Industrial/Organizational Requirements. Individuals enrolled
in an Industrial/Organizational doctoral degree program are exempt from the
formal internship requirement and must complete two full years of supervised
experience, at least one of which must be received after the doctoral degree
is conferred and both of which must meet the requirements of paragraph (1)
of this subsection. Individuals who do not undergo a formal internship pursuant
to this paragraph should note that Board rules prohibit a psychologist from
practicing in an area in which s/he does not have sufficient training and
experience, of which a formal internship year is considered to be an integral
requirement.
(d)
Exceptions for Experience. For purposes of licensure as
a psychologist, if an applicant has been licensed for 15 years or more in
another jurisdiction as a psychologist and provides written verification of
no disciplinary actions by the licensing entity of that jurisdiction or by
any other licensing entity of a jurisdiction in which the applicant has held
licensure as a psychologist, the following requirements for licensure may
be applied:
(1)
Subsection (c)(2)(B)(iii) of this section may be satisfied
by having one full-time equivalent licensed psychologist as a primary supervisor;
(2)
Subsection (c)(2)(B)(ix) of this section may be waived;
(3)
Subsection (c)(2)(B)(xi) of this section may be waived;
(4)
Subsection (c)(2)(C)(ix) of this section may be waived;
(5)
Subsection (c)(2)(C)(xii) of this section may be waived;
and
(6)
Subsection (c)(2)(C)(xiii) of this section may be filled
by having one full-time licensed psychologist as a primary supervisor who
is employed full time at the agency and who is a school psychologist.
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 13, 2003.
TRD-200301109
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 5, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 305-7700
22 TAC §465.1
The Texas State Board of Examiners of Psychologists adopts
amendments to §465.1, concerning Definitions, without changes to the
proposed text as published in the December 6, 2002, issue of the
Texas Register
(27 TexReg 11369) and will not be republished.
The amendments are being adopted in order to add a definition for "recognized
member of clergy" suggested by a recent Attorney General's opinion.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title 3, Subtitle
I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists
with the authority to make all rules, not inconsistent with the Constitution
and Laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
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 13, 2003.
TRD-200301111
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 5, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 305-7700
22 TAC §465.3
The Texas State Board of Examiners of Psychologists adopts
amendments to §465.3, concerning Providers of Psychological Services,
without changes to the proposed text as published in the December 6, 2002,
issue of the
Texas Register
(27 TexReg 11369)
and will not be republished.
The amendments are being adopted in order to allow for psychologists to
serve as supervisors for interns of other mental health professions, thereby
maintaining responsibility for the interns' work program.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
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 13, 2003.
TRD-200301108
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 5, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 305-7700
22 TAC §465.33
The Texas State Board of Examiners of Psychologists adopts
amendments to §465.33, concerning Improper Sexual Conduct, with changes
to the proposed text as published in the December 6, 2002, issue of the
The amendments are being adopted in order to expand the classes of persons
with whom licensees may not have sexual relationships. In addition, the rule
now makes clear that licensees cannot accept as clients former sexual partners.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
§465.33.Improper Sexual Conduct.
(a)
"Sexual Harassment" includes solicitation, physical advances,
or verbal or nonverbal conduct consisting of a single intense or severe act
or of multiple persistent or pervasive acts by a licensee toward another individual
that are sexual in nature and occur in connection with licensee's professional
activities and that are unwelcome, offensive, or create a hostile workplace
environment for that individual.
(b)
"Sexual Impropriety" is deliberate or repeated comments,
gestures, or physical acts of a sexual nature that include, but are not limited
to:
(1)
Behavior, gestures, or expressions which may reasonably
be interpreted as inappropriately seductive or sexually demeaning;
(2)
Making inappropriate comments about an individual's body;
(3)
Making sexually demeaning comments to an individual;
(4)
Making comments about an individual's potential sexual
performance, except when the examination or consultation is pertinent to the
issue of sexual function or dysfunction in therapy/counseling;
(5)
Requesting details of a patient or client's sexual history
when not clinically indicated for the type of consultation;
(6)
Requesting a date;
(7)
Initiating conversation regarding the sexual problems,
preferences, or fantasies of either party; or
(8)
Kissing of a sexual nature.
(c)
A sexual relationship is the engaging in any conduct that
is sexual or may be reasonably interpreted as sexual in nature including,
but not limited to:
(1)
Sexual intercourse;
(2)
Genital contact;
(3)
Oral to genital contact;
(4)
Genital to anal contact;
(5)
Oral to anal contact;
(6)
Touching breasts or genitals;
(7)
Encouraging another to masturbate in one's presence.
(8)
Masturbation in another's presence; or
(9)
Exposure of sexual organs, breast or buttocks for sexual
gratification
(d)
A licensee may not engage in sexual harassment, sexual
impropriety, or a sexual relationship with a current patient or client, a
former patient or client over whom the licensee has influence due to a therapeutic
relationship, one of their students, or trainees, individuals who the licensee
knows to be the parents, guardians, spouses, significant others, children,
or siblings of current patients, or a supervisee over whom the licensee has
administrative or clinical responsibility.
(e)
Psychologists do not accept as clients individuals with
whom they have engaged in sexual relationships.
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 13, 2003.
TRD-200301110
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 5, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 305-7700
Chapter 3.
LANDSCAPE ARCHITECTS
Chapter 5.
INTERIOR DESIGNERS
Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 184.
SURGICAL ASSISTANTS
Chapter 187.
PROCEDURAL RULES
Subchapter D. FORMAL BOARD PROCEEDINGS
Chapter 191.
DISTRICT REVIEW COMMITTEES
Chapter 193.
STANDING DELEGATION ORDERS
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
Chapter 205.
REGISTRATION AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 465.
RULES OF PRACTICE