Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter F. ARCHITECT'S SEAL
22 TAC §§1.101 - 1.106
The Texas Board of Architectural Examiners proposes an amendment
to rules in Title 22, Chapter 1, Subchapter F. Section §1.101 requires
that every registered architect procure a seal and use the seal to identify
all construction documents prepared by the architect or under the architect's
supervision and control for use in Texas; that the architect must personally
authorize use of the seal; and that the architect is responsible for the security
of the seal. Section §1.102 sets forth that impression and embossing
seals are not permissible and that the design and dimensions of the seal itself
must conform to certain requirements. Section §1.103 requires every registered
architect to affix his or her seal to construction documents and lists the
specific types of documents affected by the requirement. It also specifies
the limited circumstances under which an architect may issue unsealed documents.
It prohibits removal of the seal from any document issued from the architect's
office. The section provides a method for sealing electronic drawing files
and issuing them with a certain disclaimer substituted for the architect's
signature. It requires that an architect maintain a sealed, signed, and dated
paper or microform copy of all construction documents for a minimum of 10
years. It sets forth the conditions under which an architect, working as a
third party, may complete, correct, revise, or add to the work of others.
It also requires that architects seal documents issued by their consultants
whenever the documents are not sealed by the consultants. Section §1.104
prohibits an architect from affixing his/her seal to any document that was
not prepared by the architect or under the architect's supervision and control.
The section prohibits anyone, except the architect represented, from using
or attempting to use an architect's seal or modifying documents bearing an
architect's seal without first obtaining the express written authority of
the architect represented and clearly indicating on the documents the extent
of the modifications made. The section prohibits the use of signature reproductions
such as rubber stamps or computer generated or other facsimiles in lieu of
actual signatures. Section §1.105 sets forth the conditions under which
an architect may adapt and seal prototypical construction documents prepared
by another duly licensed architect. The section requires that the adapting
architect take certain steps to ensure that the original prototypical design
has been prepared by a qualified professional, that the architect take proper
responsibility for the modified design, and that the architect maintain a
copy of the complete original set of prototypical plans and specifications
bearing the original architect's seal for ten (10) years. Section §1.106
sets forth an architect's responsibility for providing clients with information
regarding the Board's jurisdiction over an architect's professional practice.
The amendment to §1.101 is intended to clarify that an architect may
not issue a document regulated by the subchapter unless the document is sealed,
signed, and dated or is clearly marked so that it cannot be used improperly.
The amended rule no longer states that an architect must procure a seal because
this language is superfluous in light of the explicit language of Section
9 of the Architects' Registration Law and also because this requirement is
implied by the language of the subchapter. The amended rule no longer states
that an architect must personally authorize the use of his or her seal because
this language is superfluous in light of the explicit language of Section
9 of the Architects' Registration Law and the language of other subsections.
The amended rule no longer states that an architect is responsible for the
security of his or her seal. The amendment to §1.102 is intended to more
clearly state that an architect must use a seal which will be visible if the
sealed document is copied and also is intended to provide a clearer description
of the required design of an architect's seal. The amendment to §1.103
is intended to more clearly describe the requirements related to an architect's
use of his or her seal; to more clearly describe the requirements related
to the retention of sealed documents and to change the commencement of the
retention period from the date of substantial completion of the project to
the date of signature on the sealed documents; to reorganize some subsections
of the subchapter; to allow an architect to place the architect's signature
directly under or adjacent to the seal; to specify which parts of a feasibility
study must be sealed; to eliminate the requirement that an architect must
seal documents prepared by certain consultants; to eliminate the requirement
that a special statement must be placed on electronic documents in lieu of
the architect's signature; to eliminate specific references to electronic
documents so that such documents will no longer be subject to special requirements
but, instead, will be subject to the same general requirements as other types
of documents; and to eliminate the notification requirement related to the
completion, correction, revision, or supplementation of work prepared by another
licensed design professional. The amendment to §1.104 is intended to
more clearly describe the prohibitions related to an architect's seal; to
reorganize some subsections of the subchapter; to clarify the requirements
related to the sealing of a document by an architect who is responsible for
the preparation of only a portion of the document; and to eliminate the prohibition
of signature reproductions. The amendment to §1.105 is intended to simplify
and clarify the requirements related to prototypical design documents; to
eliminate the requirement that a prototypical design must have been used in
multiple locations in order for an architect to adapt and seal the design
documents; and to eliminate the notification requirement related to prototypical
design documents. The amendment to §1.106 is intended to clarify the
requirements related to the statement of jurisdiction an architect must provide
to each client and to more specifically describe the method for providing
the statement of jurisdiction to clients.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period these sections are in effect,
no significant fiscal implications for state or local government are expected
as a result of enforcing or administering the sections.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period the sections are in effect,
the public benefits expected as a result of the amendments will be that the
requirements related to the sealing of architectural design documents will
be more practical and also will be more clearly described in the rules so
that it will be easier for affected parties to understand and comply with
the requirements.
The agency anticipates that there will be no significant effect on small
business as a result of the amended sections. There is expected to be no significant
change in the cost to persons required to comply with the amendments to these
sections.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The amendments are proposed pursuant to Section 3 and Section
9 of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to the sealing requirements for architectural drawings and specifications.
The proposed amendments to these sections do not affect any other statutes.
§1.101.Seal Required.
As provided below, an Architect may not issue or authorize the
issuance of a document regulated by this Subchapter unless, pursuant to the
requirements of this Subchapter, the document is:
(1)
sealed, signed, and dated,
thereby indicating that it may be used for regulatory approval, permitting,
or construction; or
(2)
clearly marked to indicate that it may
not be used for regulatory approval, permitting, or construction.
[
§1.102.Type and Design.
(a)
On every document requiring an Architect's seal, the
Architect shall affix or cause the affixation of a seal that will produce
a clearly visible and legible facsimile of the seal when the document is copied
or reproduced. An Architect may not affix or authorize the affixation of an
impression or embossing seal on a document requiring a seal.
[
(b)
The design of an Architect's seal shall be a replica
of the sample seal shown in this Subsection except that the name of the Architect
and the Architect's registration number shall be substituted for the Architect's
name and registration number shown on the sample seal.
[
Figure: 22 TAC §1.102(b) (No change.)
§1.103.Required Use of Seal and Retention of Sealed Documents.
(a)
On every original Construction
Document prepared by an Architect or under an Architect's Supervision and
Control, the Architect shall affix or cause the affixation of:
(1)
the Architect's seal;
(2)
the Architect's signature (across the face of
the seal's image or directly under or adjacent to the seal's image) and
(3)
the date of signature (including the month,
day, and year of signing) before the Construction Document is issued by or
under the authority of the Architect.
(b)
The Architect's seal and signature
and the date must be clearly visible on each copy of an original Construction
Document issued by or under the authority of an Architect.
(c)
Construction Documents requiring
a seal, signature, and date include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents and index that lists
bound specifications and/or project manuals;
(3)
Each specification that is not listed in a table
of contents or index;
(4)
Each sheet that identifies the project and provides
a list of sealed Construction Documents, such as a title sheet, table of contents,
or index; and
(5)
Each addenda, change order, construction change
directive, and other Supplemental Document that alters or clarifies an existing
Construction Document.
(d)
Each drawing and specification
included in a Feasibility Study issued by or under the authority of an Architect
must be sealed, signed, and dated in the manner described in subsection (a)
of this section.
(e)
A drawing or specification
issued by or under the authority of an Architect for a purpose other than
regulatory approval, permitting, or construction shall include:
(1)
the Architect's name;
(2)
the Architect's registration number;
(3)
the date the document is issued (including the
month, day, and year of issuance); and
(4)
a statement clearly indicating that the drawing
or specification may not be used for regulatory approval, permitting, or construction.
(f)
For a minimum of ten (10) years
from the date of signature on each Construction Document, Prototypical Construction
Document, and Feasibility Study sealed by or under the authority of an Architect,
the Architect shall be responsible for the maintenance of the sealed, signed,
and dated original document or a copy of the document bearing the clearly
visible and legible seal, signature, and date.
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§1.104.Prohibitions.
(a)
Except as provided in §1.105,
an Architect may not affix or authorize the affixation of his/her seal to
any document unless the document was prepared by the Architect or under the
Architect's Supervision and control.
(b)
If only a portion of a document
was prepared by an Architect or under an Architect's Supervision and Control,
the Architect's seal may not be affixed to the document unless:
(1)
the portion of the document prepared by the
Architect or under the Architect's Supervision and Control is clearly identified;
and
(2)
it is clearly indicated on the document that
the Architect's seal applies only to that portion of the document prepared
by the Architect or under the Architect's Supervision and Control.
(c)
Only the Architect and any
person with express written authorization from the Architect may use or attempt
to use an Architect's seal. No other person may use or attempt to use:
(1)
an Architect's seal;
(2)
a copy of an Architect's seal; or
(3)
a replica of an Architect's seal.
(d)
No person may modify a document
bearing an Architect's seal without first obtaining the express written authorization
of the Architect and clearly indicating on the document the extent of the
modifications made. For purposes of this Subsection, the preparation of a
new page or pages to be added to a document bearing an Architect's seal does
not constitute a modification of the document. However, the preparation of
such a new page or pages is subject to the rules and statutory provisions
that regulate the practice of architecture, including those prohibiting the
unauthorized practice of architecture.
(e)
Once a document bearing an
Architect's seal is issued, the seal may not be removed by any person.
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§1.105.Prototypical Design.
(a)
An Architect may not affix
or authorize the affixation of the Architect's seal to Prototypical Construction
Documents derived from Prototypical plans and specifications prepared by another
person unless:
(1)
The Architect thoroughly reviews and makes appropriate
changes to all aspects of the Prototypical plans and specifications to adapt
the Prototypical plans and specifications to the specific site and ensure
compliance with all applicable statutes, codes, and other regulatory provisions;
(2)
The Architect affixes or causes the affixation
of the Architect's seal and signature and the date of signature to each sheet
of the adopted Prototypical Construction Documents in the manner described
in §1.103(a); and
(3)
The Architect accepts full professional, legal,
and technical responsibility for each sheet of the adapted Prototypical Construction
Documents on which the Architect's seal is placed.
(b)
An Architect who affixes or
authorizes the affixation of his/her seal to adapted Prototypical Construction
Documents derived from Prototypical plans and specifications prepared by another
person shall maintain a copy of the complete set of Prototypical plans and
specifications prepared by the other person for at least ten (10) years from
the date of the Architect's signature on the adapted Prototypical Construction
Documents.
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§1.106.Other Professional Responsibilities.
(a)
An Architect shall provide
a written statement of jurisdiction to each client for whom the Architect
renders architectural services in Texas. [
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(b)
The statement of jurisdiction shall:
(1)
state that "The Texas Board of Architectural
Examiners has jurisdiction over complaints regarding the professional practices
of persons registered as architects in Texas";
(2)
include the Board's current mailing address
and telephone number; and
(3)
be placed on the last page of the written
contract for architectural services or otherwise presented to the client in
writing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302551
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-8535
Subchapter F. LANDSCAPE ARCHITECT'S SEAL
22 TAC §§3.101 - 3.104
The Texas Board of Architectural Examiners proposes an amendment
to rules in Title 22, Chapter 3, Subchapter F. Section §3.101 requires
that every registered landscape architect procure a seal and use the seal
to identify all construction documents prepared by the landscape architect
or under the landscape architect's supervision and control for use in Texas;
that the landscape architect must personally authorize use of the seal; and
that the landscape architect is responsible for the security of the seal.
Section §3.102 sets forth that impression and embossing seals are not
permissible and that the design and dimensions of the seal itself must conform
to certain requirements. Section §3.103 requires a landscape architect
to affix his or her seal to construction documents and lists the specific
types of documents affected by the requirement. It also specifies the limited
circumstances under which a landscape architect may issue unsealed documents.
It prohibits removal of the seal from any document issued from the landscape
architect's office. The section provides a method for sealing electronic drawing
files and issuing them with a certain disclaimer substituted for the landscape
architect's signature. It requires that a landscape architect maintain a sealed,
signed, and dated paper or microform copy of all construction documents for
a minimum of 10 years. It sets forth the conditions under which a landscape
architect, working as a third party, may complete, correct, revise, or add
to the work of others. It also requires that landscape architects seal documents
issued by their consultants whenever the documents are not sealed by the consultants.
Section §3.104 prohibits a landscape architect from affixing his/her
seal to any document that was not prepared by the landscape architect or under
the landscape architect's supervision and control. The section prohibits anyone,
except the landscape architect represented, from using or attempting to use
a landscape architect's seal or modifying documents bearing a landscape architect's
seal without first obtaining the express written authority of the landscape
architect represented and clearly indicating on the documents the extent of
the modifications made. The section prohibits the use of signature reproductions
such as rubber stamps or computer generated or other facsimiles in lieu of
actual signatures.
The amendment to §3.101 is intended to clarify that a landscape architect
may not issue a document regulated by the subchapter unless the document is
sealed, signed, and dated or is clearly marked so that it cannot be used improperly.
The amended rule no longer states that a landscape architect must procure
a seal because this language is superfluous in light of the explicit language
of Section 8D of the Landscape Architects' Registration Law and also because
this requirement is implied by the language of the subchapter. The amended
rule no longer states that a landscape architect must personally authorize
the use of his or her seal because this language is superfluous in light of
the explicit language of Section 8D of the Landscape Architects' Registration
Law and the language of other subsections. The amended rule no longer states
that a landscape architect is responsible for the security of his or her seal.
The amendment to §3.102 is intended to more clearly state that a landscape
architect must use a seal which will be visible if the sealed document is
copied and also is intended to provide a clearer description of the required
design of a landscape architect's seal. The amendment to §3.103 is intended
to more clearly describe the requirements related to a landscape architect's
use of his or her seal; to more clearly describe the requirements related
to the retention of sealed documents and to change the commencement of the
retention period from the date of substantial completion of the project to
the date of signature on the sealed documents; to reorganize some subsections
of the subchapter; to allow a landscape architect to place the landscape architect's
signature across or directly adjacent to the seal in addition to under the
seal; to specify which parts of a feasibility study must be sealed; to eliminate
the requirement that a landscape architect must seal documents prepared by
certain consultants; to eliminate the requirement that a special statement
must be placed on electronic documents in lieu of the landscape architect's
signature; to eliminate specific references to electronic documents so that
such documents will no longer be subject to special requirements but, instead,
will be subject to the same general requirements as other types of documents;
and to eliminate the notification requirement related to the completion, correction,
revision, or supplementation of work prepared by another licensed design professional.
The amendment to §3.104 is intended to more clearly describe the prohibitions
related to a landscape architect's seal; to reorganize some subsections of
the subchapter; to clarify the requirements related to the sealing of a document
by a landscape architect who is responsible for the preparation of only a
portion of the document; and to eliminate the prohibition against signature
reproductions.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period these sections are in effect,
no significant fiscal implications for state or local government are expected
as a result of enforcing or administering the sections.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period the sections are in effect
the public benefits expected as a result of the amendments will be that the
requirements related to the sealing of landscape architectural design documents
will be more practical and also will be more clearly described in the rules
so that it will be easier for affected parties to understand and comply with
the requirements.
The agency anticipates there will be no significant effect on small business
as a result of the amended sections. There is expected to be no significant
change in the cost to persons required to comply with the amendments to these
sections.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The amendments are proposed pursuant to Section 4 and Section
8D of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to the sealing of landscape architectural drawings and specifications.
The proposed amendments to these sections do not affect any other statutes.
§3.101.Seal Required.
As provided below, a Landscape Architect may not issue or authorize
the issuance of a document regulated by this Subchapter unless, pursuant to
the requirements of this Subchapter, the document is:
(1)
sealed, signed, and dated,
thereby indicating that it may be used for regulatory approval, permitting,
or construction; or
(2)
clearly marked to indicate that it may
not be used for regulatory approval, permitting, or construction.
[
§3.102.Type and Design.
(a)
On every document requiring a Landscape Architect's
seal, the Landscape Architect shall affix or cause the affixation of a seal
that will produce a clearly visible and legible facsimile of the seal when
the document is copied or reproduced. A Landscape Architect may not affix
or authorize the affixation of an impression or embossing seal on a document
requiring a seal.
[
(b)
The design of a Landscape Architect's seal shall be
a replica of the sample seal shown in this Subsection except that the name
of the Landscape Architect and the Landscape Architect's registration number
shall be substituted for the Landscape Architect's name and registration number
shown on the sample seal.
[
Figure: 22 TAC §3.102(b) (No change.)
§3.103.Required Use of Seal and Retention of Sealed Documents .
(a)
On every original Construction
Document prepared by a Landscape Architect or under a Landscape Architect's
Supervision and Control, the Landscape Architect shall affix or cause the
affixation of:
(1)
the Landscape Architect's seal;
(2)
the Landscape Architect's signature (across
the face of the seal's image or directly under or adjacent to the seal's image);
and
(3)
the date of signature (including the month,
day, and year of signing) before the Construction Document is issued by or
under the authority of the Landscape Architect.
(b)
The Landscape Architect's seal
and signature and the date must be clearly visible on each copy of an original
Construction Document issued by or under the authority of a Landscape Architect.
(c)
Construction Documents requiring
a seal, signature, and date include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents and index that lists
bound specifications and/or project manuals;
(3)
Each specification that is not listed in a table
of contents or index;
(4)
Each sheet that identifies the project and provides
a list of sealed Construction Documents, such as a title sheet, table of contents,
or index; and
(5)
Each addenda, change order, construction change
directive, and other Supplemental Document that alters or clarifies an existing
Construction Document.
(d)
Each drawing and specification
included in a Feasibility Study issued by or under the authority of a Landscape
Architect must be sealed, signed, and dated in the manner described in subsection
(a) of this section.
(e)
A drawing or specification
issued by or under the authority of a Landscape Architect for a purpose other
than regulatory approval, permitting, or construction shall include:
(1)
the Landscape Architect's name;
(2)
the Landscape Architect's registration number
(3)
the date the document is issued (including the
month, day, and year of issuance); and
(4)
a statement clearly indicating that the drawing
or specification may not be used for regulatory approval, permitting, or construction.
(f)
For a minimum of ten (10) years
from the date of signature on each Construction Document, Prototypical Construction
Document, and Feasibility Study sealed by or under the authority of a Landscape
Architect, the Landscape Architect shall be responsible for the maintenance
of the sealed, signed, and dated original document or a copy of the document
bearing the clearly visible and legible seal, signature, and date.
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§3.104.Prohibitions.
(a)
Except as provided in §3.105,
a Landscape Architect may not affix or authorize the affixation of his/her
seal to any document unless the document was prepared by the Landscape Architect
or under the Landscape Architect's Supervision and control.
(b)
If only a portion of a document
was prepared by a Landscape Architect or under a Landscape Architect's Supervision
and Control, the Landscape Architect's seal may not be affixed to the document
unless:
(1)
the portion of the document prepared by the
Landscape Architect or under the Landscape Architect's Supervision and Control
is clearly identified; and
(2)
it is clearly indicated on the document that
the Landscape Architect's seal applies only to that portion of the document
prepared by the Landscape Architect or under the Landscape Architect's Supervision
and Control.
(c)
Only the Landscape Architect
and any person with express written authorization from the Landscape Architect
may use or attempt to use a Landscape Architect's seal. No other person may
use or attempt to use:
(1)
a Landscape Architect's seal;
(2)
a copy of an Landscape Architect's seal; or
(3)
a replica of a Landscape Architect's seal.
(d)
No person may modify a document
bearing a Landscape Architect's seal without first obtaining the express written
authorization of the Landscape Architect and clearly indicating on the document
the extent of the modifications made. For purposes of this Subsection, the
preparation of a new page or pages to be added to a document bearing a Landscape
Architect's seal does not constitute a modification of the document. However,
the preparation of such a new page or pages is subject to the rules and statutory
provisions that regulate the practice of landscape architecture, including
those prohibiting the unauthorized practice of landscape architecture.
(e)
Once a document bearing a Landscape
Architect's seal is issued, the seal may not be removed by any person.
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This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302552
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-8535
22 TAC §3.105
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Architectural Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Architectural Examiners proposes
the repeal of §3.105 for Title 22, Chapter 3, Subchapter F, which requires
that a landscape architect provide a written statement of jurisdiction to
each and every client for whom the landscape architect renders landscape architectural
services in Texas. It specifies what the statement of jurisdiction shall say
and recommends where it be placed. It sets forth the actions a landscape architect
must take if he or she becomes aware of a course of action taken against the
landscape architect's advice which may violate applicable state or local building
laws or regulations and which is likely in the landscape architect's judgment
to have a material adverse effect on the safe use of the completed project.
Simultaneously, the agency is proposing a new rule with section number
3.106 to replace the rule proposed for repeal. The existing rule is being
repealed because of a need to add a new section to the subchapter and reorganize
existing sections to accommodate the new section.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period the section is in effect,
there are expected to be no fiscal implications for state or local government
as a result of the repeal.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period the repealed section is
replaced, the public benefits expected as a result of the repeal are that
the requirements in this area will be more clearly stated and, therefore,
easier to understand and follow.
The repeal is not expected to impact small business significantly. No economic
cost to persons affected by the repeal is expected as a result of the repeal.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The repeal is proposed pursuant to Section 4 of Article 249c,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules and includes implied authority
to repeal rules that have been promulgated.
The proposed repeal does not affect any other statutes.
§3.105.Other Professional Responsibilities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302553
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-8535
22 TAC §3.105, §3.106
The Texas Board of Architectural Examiners proposes new rules
for Title 22, Chapter 3, Subchapter F concerning the landscape architect's
seal. New §3.105 sets forth the conditions under which a landscape architect
may adapt and seal prototypical construction documents derived from prototypical
plans and specifications prepared by another person. The section requires
that the landscape architect thoroughly review and adapt the prototypical
plans and specifications to comply with applicable statutes, codes, and other
regulatory provisions; that the landscape architect seal and accept responsibility
for the adapted documents; and that the landscape architect maintain a copy
of the complete set of original prototypical plans and specifications for
ten (10) years. New §3.106 requires that a landscape architect provide
a written statement of jurisdiction to each and every client for whom the
landscape architect renders landscape architectural services in Texas. It
specifies what the statement of jurisdiction shall say and where it shall
be placed. The section also sets forth the actions a landscape architect must
take if he or she becomes aware of a course of action taken against the landscape
architect's advice which may violate an applicable statute, code, or other
regulatory provision and which is likely in the landscape architect's judgment
to have a material adverse effect on the safe use of the completed project.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five years the sections as proposed are
in effect, there are expected to be no significant fiscal implications as
a result of enforcing or administering the sections.
Ms. Hendricks has also determined that for each year of the first five
years the sections as proposed are in effect, the public benefits anticipated
as a result of enforcing the sections as proposed will be that affected parties
will have guidance regarding the requirements related to the adaptation and
use of prototypical landscape architectural designs in Texas and that the
requirements related to the statement of jurisdiction and to a landscape architect's
duty to report unsafe courses of action taken against the landscape architect's
advice will be more clearly stated and, therefore, easier to understand and
follow.
The agency anticipates that there will be no additional effect on small
business. There is no anticipated additional economic cost to persons who
are required to comply with the sections as proposed.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The new rules are proposed pursuant to Section 4 of Article 249c,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules.
These proposed rules do not affect any other statutes.
§3.105.Prototypical Design.
(a)
A Landscape Architect may not affix or authorize the affixation
of the Landscape Architect's seal to Prototypical Construction Documents derived
from Prototypical plans and specifications prepared by another person unless:
(1)
The Landscape Architect thoroughly reviews and makes appropriate
changes to all aspects of the Prototypical plans and specifications to adapt
the Prototypical plans and specifications to the specific site and ensure
compliance with all applicable statutes, codes, and other regulatory provisions;
(2)
The Landscape Architect affixes or causes the affixation
of the Landscape Architect's seal and signature and the date of signature
to each sheet of the adopted Prototypical Construction Documents in the manner
described in §3.103(a); and
(3)
The Landscape Architect accepts full professional, legal,
and technical responsibility for each sheet of the adapted Prototypical Construction
Documents on which the Landscape Architect's seal is placed.
(b)
A Landscape Architect who affixes or authorizes the affixation
of his/her seal to adapted Prototypical Construction Documents derived from
Prototypical plans and specifications prepared by another person shall maintain
a copy of the complete set of Prototypical plans and specifications prepared
by the other person for at least ten (10) years from the date of the Landscape
Architect's signature on the adapted Prototypical Construction Documents.
§3.106.Other Professional Responsibilities.
(a)
A Landscape Architect shall provide a written statement
of jurisdiction to each client for whom the Landscape Architect renders landscape
architectural services in Texas.
(b)
The statement of jurisdiction shall:
(1)
state that "The Texas Board of Architectural Examiners
has jurisdiction over complaints regarding the professional practices of persons
registered as landscape architects in Texas";
(2)
include the Board's current mailing address and telephone
number; and
(3)
be placed on the last page of the written contract for
landscape architectural services or otherwise presented to the client in writing.
(c)
If, in the course of his/her work on a landscape
architectural project, a Landscape Architect becomes aware of a course of
action taken against the Landscape Architect's advice which may violate an
applicable statute, code, or other regulatory provision which is reasonably
likely to have a material adverse effect on the safe use of the completed
project, the Landscape Architect shall:
(1)
report the course of action in writing to the
owner, to the local building official with jurisdiction over the project,
and to other responsible parties; and
(2)
refuse to consent to the course of action.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302554
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-8535
Subchapter F. THE INTERIOR DESIGNER'S SEAL
22 TAC §§5.111 - 5.115
The Texas Board of Architectural Examiners proposes an amendment
to rules in Title 22, Chapter 5, Subchapter F. Section §5.111 requires
that every registered interior designer procure a seal and use the seal to
identify all construction documents prepared by the interior designer or under
the interior designer's supervision and control for use in Texas; that the
interior designer must personally authorize use of the seal; and that the
interior designer is responsible for the security of the seal. Section §5.112
sets forth that impression and embossing seals are not permissible and that
the design and dimensions of the seal itself must conform to certain requirements.
Section §5.113 requires an interior designer to affix his or her seal
to construction documents and lists the specific types of documents affected
by the requirement. It also specifies the limited circumstances under which
an interior designer may issue unsealed documents. It prohibits removal of
the seal from any document issued from the interior designer's office. The
section provides a method for sealing electronic drawing files and issuing
them with a certain disclaimer substituted for the interior designer's signature.
It requires that an interior designer maintain a sealed, signed, and dated
paper or microform copy of all construction documents for a minimum of 10
years. It sets forth the conditions under which an interior designer, working
as a third party, may complete, correct, revise, or add to the work of others.
It also requires that interior designers seal documents issued by their consultants
whenever the documents are not sealed by the consultants. Section §5.114
prohibits an interior designer from affixing his/her seal to any document
that was not prepared by the interior designer or under the interior designer's
supervision and control. The section prohibits anyone, except the interior
designer represented, from using or attempting to use an interior designer's
seal or modifying documents bearing an interior designer's seal without first
obtaining the express written authority of the interior designer represented
and clearly indicating on the documents the extent of the modifications made.
The section prohibits the use of signature reproductions such as rubber stamps
or computer generated or other facsimiles in lieu of actual signatures. Section §5.115
requires that an interior designer provide a written statement of jurisdiction
to each and every client for whom the interior designer renders interior design
services in Texas. It specifies what the statement of jurisdiction shall say
and recommends where it be placed. The section sets forth the actions an interior
designer must take if he or she becomes aware of a course of action taken
against the interior designer's advice which may violate applicable state
or local building laws or regulations and which is likely in the interior
designer's judgment to have a material adverse effect on the safe use of the
completed project.
The amendment to §5.111 is intended to clarify that an interior designer
may not issue a document regulated by the subchapter unless the document is
sealed, signed, and dated or is clearly marked so that it cannot be used improperly.
The amended rule no longer states that an interior designer must procure a
seal; this language is superfluous because this requirement is implied by
other language contained in the subchapter. The amended rule no longer states
that an interior designer must personally authorize the use of his or her
seal because this language is superfluous in light of the language of other
subsections. The amended rule no longer states that an interior designer is
responsible for the security of his or her seal. The amendment to §5.112
is intended to more clearly state that an interior designer must use a seal
which will be visible if the sealed document is copied and also is intended
to provide a clearer description of the required design of an interior designer's
seal. The amendment to §5.113 is intended to more clearly describe the
requirements related to an interior designer's use of his or her seal; to
more clearly describe the requirements related to the retention of sealed
documents and to change the commencement of the retention period from the
date of substantial completion of the project to the date of signature on
the sealed documents; to reorganize some subsections of the subchapter; to
allow an interior designer to place the interior designer's signature across
or directly adjacent to the seal in addition to under the seal; to specify
which parts of a feasibility study must be sealed; to eliminate the requirement
that an interior designer must seal documents prepared by certain consultants;
to eliminate the requirement that a special statement must be placed on electronic
documents in lieu of the interior designer's signature; to eliminate specific
references to electronic documents so that such documents will no longer be
subject to special requirements but, instead, will be subject to the same
general requirements as other types of documents; and to eliminate the notification
requirement related to the completion, correction, revision, or supplementation
of work prepared by another licensed design professional. The amendment to §5.114
is intended to more clearly describe the prohibitions related to an interior
designer's seal; to reorganize some subsections of the subchapter; to clarify
the requirements related to the sealing of a document by an interior designer
who is responsible for the preparation of only a portion of the document;
and to eliminate the prohibition of signature reproductions. The amendment
to §5.115 is intended to clarify the requirements related to the statement
of jurisdiction an interior designer must provide to each client; to more
specifically describe the method for providing the statement of jurisdiction
to clients; and to more clearly describe the requirements related to an interior
designer's duty to report unsafe courses of action taken against the interior
designer's advice.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period these sections are in effect,
no significant fiscal implications for state or local government are expected
as a result of enforcing or administering the sections.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners,
has determined that for the first five-year period the sections are in effect,
the public benefits expected as a result of the amendments will be that the
requirements related to the sealing of interior design documents will be more
practical and also will be more clearly described in the rules so that it
will be easier for affected parties to understand and comply with the requirements.
The agency anticipates there will be no significant effect on small business
as a result of the amended sections. There is expected to be no significant
change in the cost to persons required to comply with the amendments to these
sections.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director,
Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The amendments are proposed pursuant to Section 5 and Section
13 of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to the interior designer's seal.
The proposed amendments to these sections do not affect any other statutes.
§5.111.Seal Required.
As provided below, an Interior Designer may not issue or authorize
the issuance of a document regulated by this Subchapter unless, pursuant to
the requirements of this Subchapter, the document is:
(1)
sealed, signed, and dated,
thereby indicating that it may be used for regulatory approval, permitting,
or construction; or
(2)
clearly marked to indicate that it may
not be used for regulatory approval, permitting, or construction.
[
§5.112.Type and Design.
(a)
On every document requiring an Interior Designer's
seal, the Interior Designer shall affix or cause the affixation of a seal
that will produce a clearly visible and legible facsimile of the seal when
the document is copied or reproduced. An Interior Designer may not affix or
authorize the affixation of an impression or embossing seal on a document
requiring a seal.
[
(b)
The design of an Interior Designer's seal shall be
a replica of the sample seal shown in this Subsection except that the name
of the Interior Designer and the Interior Designer's registration number shall
be substituted for the Interior Designer's name and registration number shown
on the sample seal.
[
Figure: 22 TAC §5.112(b) (No change.)
§5.113.Required Use of Seal and Retention of Sealed Documents .
(a)
On every original Construction
Document prepared by an Interior Designer or under an Interior Designer's
Supervision and Control, the Interior Designer shall affix or cause the affixation
of:
(1)
the Interior Designer's seal;
(2)
the Interior Designer's signature (across the
face of the seal's image or directly under or adjacent to the seal's image);
and
(3)
the date of signature (including the month,
day, and year of signing) before the Construction Document is issued by or
under the authority of the Interior Designer.
(b)
The Interior Designer's seal
and signature and the date must be clearly visible on each copy of an original
Construction Document issued by or under the authority of an Interior Designer.
(c)
Construction Documents requiring
a seal, signature, and date include the following:
(1)
Each sheet of drawings;
(2)
Each table of contents and index that lists
bound specifications and/or project manuals;
(3)
Each specification that is not listed in a table
of contents or index;
(4)
Each sheet that identifies the project and provides
a list of sealed Construction Documents, such as a title sheet, table of contents,
or index; and
(5)
Each addenda, change order, construction change
directive, and other Supplemental Document that alters or clarifies an existing
Construction Document.
(d)
Each drawing and specification
included in a Feasibility Study issued by or under the authority of an Interior
Designer must be sealed, signed, and dated in the manner described in subsection
(a) of this section.
(e)
A drawing or specification
issued by or under the authority of an Interior Designer for a purpose other
than regulatory approval, permitting, or construction shall include:
(1)
the Interior Designer's name;
(2)
the Interior Designer's registration number
(3)
the date the document is issued (including the
month, day, and year of issuance); and
(4)
a statement clearly indicating that the drawing
or specification may not be used for regulatory approval, permitting, or construction.
(f)
For a minimum of ten (10) years
from the date of signature on each Construction Document and Feasibility Study
sealed by or under the authority of an Interior Designer, the Interior Designer
shall be responsible for the maintenance of the sealed, signed, and dated
original document or a copy of the document bearing the clearly visible and
legible seal, signature, and date.
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
§5.114.Prohibitions.
(a)
An Interior Designer may not
affix or authorize the affixation of his/her seal to any document unless the
document was prepared by the Interior Designer or under the Interior Designer's
Supervision and control.
(b)
If only a portion of a document
was prepared by an Interior Designer or under an Interior Designer's Supervision
and Control, the Interior Designer's seal may not be affixed to the document
unless:
(1)
the portion of the document prepared by the
Interior Designer or under the Interior Designer's Supervision and Control
is clearly identified; and
(2)
it is clearly indicated on the document that
the Interior Designer seal applies only to that portion of the document prepared
by the Interior Designer or under the Interior Designer's Supervision and
Control.
(c)
Only the Interior Designer
and any person with express written authorization from the Interior Designer
may use or attempt to use an Interior Designer's seal. No other person may
use or attempt to use:
(1)
an Interior Designer's seal;
(2)
a copy of an Interior Designer's seal; or
(3)
a replica of an Interior Designer's seal.
(d)
No person may modify a document
bearing an Interior Designer's seal without first obtaining the express written
authorization of the Interior Designer and clearly indicating on the document
the extent of the modifications made. For purposes of this Subsection, the
preparation of a new page or pages to be added to a document bearing an Interior
Designer's seal does not constitute a modification of the document. However,
the preparation of such a new page or pages is subject to the rules and statutory
provisions that regulate the use of the title "interior designer," the use
of the term "interior design," and the professional practices of Interior
Designers.
(e)
Once a document bearing an
Interior Designer's seal is issued, the seal may not be removed by any person.
[
[
[
§5.115.Other Professional Responsibilities.
(a)
An Interior Designer shall provide a written
statement of jurisdiction to each client for whom the Interior Designer renders
interior design services in Texas.
(b)
The statement of jurisdiction shall:
(1)
state that "The Texas Board of Architectural Examiners
has jurisdiction over complaints regarding the professional practices of persons
registered as interior designers in Texas";
(2)
include the Board's current mailing address and telephone
number; and
(3)
be placed on the last page of the written contract for
interior design services or otherwise presented to the client in writing.
(c)
If , in the course of his/her
work on an interior design project, an Interior Designer becomes aware of
a course of action taken against the Interior Designer's advice which may
violate an applicable statute, code, or other regulatory provision which is
reasonably likely to have a material adverse effect on the safe use of the
completed project, the Interior Designer shall:
(1)
report the course of action in writing to the
owner, to the local building official with jurisdiction over the project,
and to other responsible parties; and
(2)
refuse to consent to the course of action.
[
[
[
[
[
[
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302555
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-8535
Chapter 371.
EXAMINATIONS
22 TAC §371.3
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §371.3, regarding Qualifications of Applicants. The amendment
is being proposed to change the heading to better clarify and reflect the
content of the rule.
Allen M. Hymans, Executive Director has determined that for each year of
the first five years the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that you will be able to find the related text easier. There
will not be an effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, TX 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendment is proposed under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The proposed amendment implements Texas Occupations Code, §202.252.
§371.3.Qualifications for Licensure [
(a)-(j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 18, 2003.
TRD-200302547
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-7000
22 TAC §375.3, §375.14
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §375.3, regarding Advertising and new §375.14, regarding
Reporting Change of Practice Address and/or Phone Number to the Board. The
amendments are being proposed to better define what a podiatric physician
may or may not do when advertising and removes references to testimonials.
The new section sets specific time frames for notifying the board of an address
change and sets penalties for non-compliance.
Allen M. Hymans, Executive Director has determined that for each year of
the first five years the sections are in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering these
sections.
Mr. Hymans has also determined that for each year for the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be more restrictions on advertising and easier access to podiatric
physicians. There will not be an effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the amendments and
new section.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, TX 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendments and new section are proposed under Texas Occupations
Code, §202.151, which provides the Texas State Board of Podiatric Medical
Examiners with the authority to adopt reasonable or necessary rules and bylaws
consistent with the law regulating the practice of podiatry, the law of this
state, and the law of the United States to govern its proceedings and activities,
the regulation of the practice of podiatry and the enforcement of the law
regulating the practice of podiatry.
The proposed amendments and new section implement Texas Occupations Code, §202.152
and §202.301.
§375.3.Advertising.
(a)
A podiatric physician may advertise. A podiatric physician
shall not, however, use or participate in the use of any publication, including
advertisements, news stories, press releases and periodical articles, that
contains a false, fraudulent, misleading, deceptive scientifically unsupported
or generally unaccepted, or unfair statement or claim
, or that are exaggerations
or are untrue
.
(b)
A false, fraudulent, misleading, deceptive, scientifically
unsupported or generally unaccepted or unfair statement or claim includes
but is not limited to, a statement or claim that:
(1)-(5)
(No change.)
(6)
contains any [
(7)-(8)
(No change.)
(c)-(g)
(No change.)
§375.14.Report Change of Practice Address and/or Phone Number to the Board.
It shall be the responsibility of each licensee to ensure that any
change of address or phone number(s) for each licensees location(s) are reported
in writing, via e-mail, facsimile or mail to the board no later than 10 business
days after the change is made. Failure to give written notification to the
board of these changes within the required 10 business days shall result in
an automatic administrative penalty of $10, for each business day that the
information is not reported to the board. The maximum penalty shall not exceed
$300.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 18, 2003.
TRD-200302548
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-7000
22 TAC §378.1
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §378.1, regarding Continuing Education Required. The
amendments being proposed will change the dates for continuing education cycles,
allow CME credit for participating in podiatric medical reviewer training,
and more fully describe the requirements for licensees deficient in continuing
medical education hours.
Allen M. Hymans, Executive Director has determined that for each year of
the first five years the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will assurance that licensees are attending the required continuing
medical education.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer III, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, TX 78711-2216, Janie.Alonzo@foot.state.tx.us.
The amendments are proposed under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The proposed amendments implement Texas Occupations Code, §202.305.
§378.1.Continuing Education Required.
(a)-(f)
(No change.)
(g)
Attendance in a mandatory Podiatric Medical
Reviewer initial training course will receive credit for four CME hours.
(h)
Podiatric Medical Reviewers will receive
one CME hour per case reviewed. A maximum of four CME hours per biennium are
allowed for case reviews.
(i)
[
(j)
[
(k)
[
(l)
[
(m)
Licensees that are deficient in CME hours
must complete all deficient CME hours and present year CME requirements in
order to maintain licensure.
(n)
[
(o)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 18, 2003.
TRD-200302549
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 305-7000
Chapter 422.
PROHIBITIONS
22 TAC §422.3, §422.4
The Texas Commission on Private Security proposes new §422.3
and §422.4, concerning Prohibitions.
The new rules concern Return of Equipment and Good Standing Required for
Renewal.
Mr. Cliff Grumbles, Executive Director, Texas Commission on Private Security,
has determined that for the first five year period the rules are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rules.
Mr. Grumbles also has determined that for each year of the first five years
the rules are in effect the public benefit will be the implementation of rules
regarding Prohibitions. There will be no fiscal implications for individuals
who are required to comply with the rules as proposed. There will be no fiscal
implications for small or micro businesses.
Comments on the proposal may be submitted to Mr. Cliff Grumbles, Executive
Director, Texas Commission on Private Security, P.O. Box 13509, Austin, Texas
78711-3509.
The new rules are proposed under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
The following is the code that is affected by the new rules: Texas Occupations
Code.
§422.3.Return of Equipment.
Licensees, registrants or commissioned security officers shall surrender
immediately on demand or not later that the seventh day after termination
of employment, any uniform, badge or other item of equipment issued to the
licensee, registrant or commissioned security officer by an employer.
§422.4.Good Standing Required for Renewal.
No license, registration, security officer commission or school approval
shall be issued or renewed unless the licensee, registrant or commissioned
security officer or school is in good standing with the Commission. Good standing
includes but is not limited to, compliance with Chapter 1702 Texas Occupations
Code and Commission Rules, no default on a student loan with the Texas Guaranteed
Student Loan Corporation, a good standing of account status with the Comptroller
of Public Accounts, and the payment in full of all administrative penalties
assessed against the licensee, registrant, school or commissioned security
officer. The Director has the discretion to waive the payment in full of all
administrative penalties requirement for license renewal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302560
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 238-5869
22 TAC §§427.4 - 427.6
The Texas Commission on Private Security proposes new §§427.4-427.6,
concerning Administrative Hearings.
The new rules concern Default Judgments, Trial on the Merits and Appeal.
Mr. Cliff Grumbles, Executive Director, Texas Commission on Private Security,
has determined that for the first five year period the rules are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rules.
Mr. Grumbles also has determined that for each year of the first five years
the rules are in effect the public benefit will be the implementation of rules
regarding Administrative Hearings. There will be no fiscal implications for
individuals who are required to comply with the rules as proposed. There will
be no fiscal implications for small or micro businesses.
Comments on the proposal may be submitted to Mr. Cliff Grumbles, Executive
Director, Texas Commission on Private Security, P.O. Box 13509, Austin, Texas
78711-3509.
The new rules are proposed under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
The following is the code that is affected by the new rules: Texas Occupations
Code.
§427.4.Default Judgments.
In cases brought before SOAH in the event that the respondent is adjudged
to be in violation of the Private Security Act or Commission Rules, the Commission
has the authority to assess, in addition to the penalty imposed, costs of
the administrative hearing.
§427.5.Trial on the merits.
In cases brought before SOAH, in the event that the respondent is adjudged
to be in violation of the Private Security Act or Commission Rules after a
trial on the merits, the Commission has the authority to assess in addition
to the penalty imposed the actual costs of the administrative hearing. Such
costs include, but are not limited to, investigative costs, witness fees,
deposition expenses, travel expenses of witnesses, costs of adjudication before
SOAH and any other costs that are necessary for the preparation of the Commission's
case including the costs of any transcriptions of testimony.
§427.6.Appeal.
The costs of transcribing the testimony and preparing the record for
an appeal by judicial review shall be paid by the respondent.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 21, 2003.
TRD-200302561
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: June 1, 2003
For further information, please call: (512) 238-5869
Every registered Architect shall procure a seal that shall be used to identify
all Construction Documents prepared by the Architect or under the Architect's
Supervision and Control for use in Texas. The Architect must personally authorize
use of the seal. The Architect is responsible for the security of the seal
when not in use.
]
An
Architect must use a seal that will produce a permanent facsimile of the seal,
such as a rubber stamp, a decal, or a computer generated image, on any Construction
Document that is intended for duplication or dissemination. An Architect may
not use an impression or embossing seal.
]
The design
of the seal shall be an exact replica of the seal shown in this subsection
and shall bear the words "Registered Architect," "State of Texas," the name
of the Architect, and the Architect's registration number.
]
(a)
Every registered Architect
shall affix his/her seal, actual signature (across the face of the seal's
image), and date of signature to all original Construction Documents which
are prepared and issued under the authorship or under the Supervision and
Control of the Architect for use in Texas. The Architect's seal, signature,
and date must be visible on all copies of original Construction Documents
issued for use in Texas. Original Construction Documents requiring a seal,
signature, and date include the following:]
(1)
Each sheet of drawings; ]
(2)
Each table of contents or index that lists
specifications in bound groupings; any individual specification sheet that
is not listed in a table of contents or index must be sealed individually;
]
(3)
Each sheet that identifies the project and
lists any sealed Construction Documents, such as a title sheet, table of contents,
or index; and ]
(4)
Addenda, change orders, and supplemental documents.
]
(b)
Drawings and specifications
considered incomplete by the Architect may be used as presentation documents
or issued for purposes other than regulatory approval, permit, or construction
without the Architect's seal or signature affixed. All incomplete drawings
and specifications issued by an Architect must be dated, bear the Architect's
name and registration number, and be conspicuously marked to clearly indicate
the documents are incomplete and may not be used for regulatory approval,
permit, or construction. Incomplete documents issued pursuant to this subsection
may be issued in electronic format as long as the documents are dated, bear
the Architect's name and registration number, and are conspicuously marked
to clearly indicate they are incomplete and may not be used for regulatory
approval, permit, or construction. ]
(c)
An Architect shall not issue
drawings or specifications unless they are sealed, signed, and dated pursuant
to §1.103(a) or clearly marked to indicate that they are incomplete and
may not be used for regulatory approval, permit, or construction pursuant
to §1.103(b). ]
(d)
An Architect shall seal, sign,
and date any document issued for regulatory approval, permit, or construction
which was prepared by a consultant retained by the Architect who did not affix
a professional seal to the document. An Architect is not required to seal
documents that have been sealed by other licensed professionals. ]
(e)
Once documents bearing the
Architect's seal are issued from the Architect's office, the seal shall not
be removed by any person. ]
(f)
An Architect may release electronic
drawing files with the following statement substituted for the Architect's
signature: "This electronic drawing file is released under the authority of
{Architect's name, registration number} on {date}, who maintains the original
file. This electronic drawing file may be used as a background drawing. Pursuant
to Rule 1.103(f) of the Rules and Regulations of the Texas Board of Architectural
Examiners, the user of this electronic drawing file agrees to assume all responsibility
for any modification to or use of this drawing file that is inconsistent with
the requirements of the Rules and Regulations of the Texas Board of Architectural
Examiners. No person may make any modification to this electronic drawing
file without the Architect's express written permission." ]
(g)
For every project wherein
an Architect releases documents for regulatory approval, permit, or construction,
the Architect shall maintain a sealed, signed, and dated paper or microform
copy of such documents for a minimum of 10 years from the date of substantial
completion of the project.]
(h)
Notwithstanding §1.105,
an Architect may complete, correct, revise, or add to the work of another
licensed design professional when engaged to do so by a client as long as
all of the following conditions are satisfied: ]
(1)
the licensed design professional responsible
for the original work is notified in writing by the Architect of the engagement
immediately upon acceptance of the engagement;]
(2)
the work prepared by the Architect or under
the Architect's Supervision and Control shall be sealed by and be the responsibility
of the Architect; and ]
(3)
the Architect may not seal or take responsibility
for the work prepared by the other licensed design professional which was
not prepared under the Architect's Supervision and Control. ]
(i)
An Architect shall seal, sign,
and date any feasibility study issued by the Architect for use in Texas.]
(a)
Notwithstanding §1.105,
an Architect may not affix his/her seal to any document unless the document
was prepared by the Architect or under the Architect's Supervision and Control.]
(b)
No person, other than the
Architect represented, shall use or attempt to use an Architect's seal or
shall modify documents bearing an Architect's seal without first obtaining
the express written authority of the Architect represented and clearly indicating
on the documents the extent of the modifications made.]
(c)
The use of signature reproductions
such as rubber stamps or computer generated or other facsimiles is not permitted
in lieu of actual signatures].
(a)
An Architect may adapt and
seal prototypical Construction Documents prepared by another person only if
all of the following conditions are satisfied: ]
(1)
The prototypical design has been used in multiple
locations;]
(2)
The adapting Architect notifies the original
architect in writing via certified mail that the adapting Architect has been
engaged to adapt the plans and specifications so that the project may be built
at a specific location in Texas; ]
(3)
The adapting Architect thoroughly reviews and
makes appropriate changes to all aspects of the prototypical design to adapt
the prototypical design to the specific site and ensure compliance with all
applicable codes;]
(4)
The adapting Architect seals all pages of the
adapted prototypical plans in the same manner as described in §1.103(a)
of this subchapter for original Construction Documents; and ]
(5)
The adapting Architect accepts full responsibility
for all Construction Documents on which the adapting Architect's seal is placed.
]
(b)
The adapting Architect shall
maintain a copy of the complete original set of prototypical plans and specifications
bearing the original Architect's seal for at least ten (10) years from the
date of substantial completion of the project for which the adapting Architect
is responsible.]
An architect shall provide
a written Statement of Jurisdiction to each and every client for whom the
architect renders architectural services in Texas:
]
(1)
The Statement of Jurisdiction
shall say, "The Texas Board of Architectural Examiners has jurisdiction over
complaints regarding the professional practices of persons registered as architects
in Texas," and shall include the Board's current mailing address, telephone
number, and web site address. ]
(2)
The Board recommends that
the Statement of Jurisdiction be placed on the last page of the written agreement
for architectural services. In the absence of a written agreement, the Statement
of Jurisdiction shall be otherwise presented to each client in writing.]
Chapter 3.
LANDSCAPE ARCHITECTS
Every registered Landscape Architect shall procure a seal that shall be used
to identify all Construction Documents prepared by the Landscape Architect
or under the Landscape Architect's Supervision and Control for use in Texas.
The Landscape Architect must personally authorize use of the seal. The Landscape
Architect is responsible for the security of the seal when not in use.
]
A Landscape Architect must use a seal that will
produce a permanent facsimile of the seal, such as a rubber stamp, a decal,
or a computer generated image, on any Construction Document that is intended
for duplication or dissemination. A Landscape Architect may not use an impression
or embossing seal.
]
The design of the seal shall be an
exact replica of the seal shown in this subsection and shall bear the words
"Registered Landscape Architect," "State of Texas," the name of the Landscape
Architect, and the Landscape Architect's registration number.
]
(a)
Every registered Landscape
Architect shall affix his/her seal, actual signature (under the seal's image),
and date of signature to all original Construction Documents which are prepared
and issued under the authorship or under the Supervision and Control of the
Landscape Architect for use in Texas. The Landscape Architect's seal, signature,
and the date must be visible on all copies of original Construction Documents
issued for use in Texas. Original Construction Documents requiring seal, signature,
and date include the following:]
(1)
Each sheet of drawings, including maps, plans,
and other designs; ]
(2)
Each table of contents or index that lists
specifications in bound groupings; any individual specification sheet that
is not listed in a table of contents or index must be sealed individually;
]
(3)
Each sheet that identifies the project and
lists any sealed Construction Documents, such as a title sheet, table of contents,
or index; and ]
(4)
Addenda, change orders, and supplemental documents.
]
(b)
Drawings and specifications
considered incomplete by the Landscape Architect may be used as presentation
documents or issued for purposes other than regulatory approval, permit, or
construction without the Landscape Architect's seal or signature affixed.
All incomplete drawings and specifications issued by a Landscape Architect
must be dated, bear the Landscape Architect's name and registration number,
and be conspicuously marked to indicate the documents are incomplete and may
not be used for regulatory approval, permit, or construction. Incomplete documents
issued pursuant to this subsection may be issued in electronic format as long
as the documents are dated, bear the Landscape Architect's name and registration
number, and are conspicuously marked to clearly indicate they are incomplete
and may not be used for regulatory approval, permit, or construction.]
(c)
A Landscape Architect shall
not issue drawings or specifications unless they are sealed, signed, and dated
pursuant to subsection (a) of this section or clearly marked to indicate that
they are incomplete and may not be used for regulatory approval, permit, or
construction pursuant to subsection (b) of this section. ]
(d)
A Landscape Architect shall
seal, sign, and date any document issued for regulatory approval, permit,
or construction which was prepared by a consultant retained by the Landscape
Architect who did not affix a professional seal to the document. A Landscape
Architect is not required to seal documents that have been sealed by other
licensed professionals. ]
(e)
Once documents bearing the
Landscape Architect's seal are issued from the Landscape Architect's office,
the seal shall not be removed by any person. ]
(f)
A Landscape Architect may
release electronic drawing files with the following statement substituted
for the Landscape Architect's signature:
"This electronic
drawing file is released under the authority of {Landscape Architect's name,
registration number} on {date}, who maintains the original file. This electronic
drawing file may be used as a background drawing. Pursuant to §3.103(f)
of the Rules and Regulations of the Texas Board of Architectural Examiners,
the user of this electronic drawing file agrees to assume all responsibility
for any modification to or use of this drawing file that is inconsistent with
the requirements of the Rules and Regulations of the Texas Board of Architectural
Examiners. No person may make any modification to this electronic drawing
file without the Landscape Architect's express written permission."
]
(g)
For every project wherein
a Landscape Architect releases documents for regulatory approval, permit,
or construction, the Landscape Architect shall maintain a sealed, signed,
and dated paper or microform copy of such documents for a minimum of 10 years
from the date of substantial completion of the project. ]
(h)
A Landscape Architect may
complete, correct, revise, or add to the work of another licensed design professional
when engaged to do so by a client as long as all of the following conditions
are satisfied: ]
(1)
the licensed design professional responsible
for the original work is notified in writing by the Landscape Architect of
the engagement immediately upon acceptance of the engagement; ]
(2)
the work prepared by the Landscape Architect
or under the Landscape Architect's Supervision and Control shall be sealed
by and be the responsibility of the Landscape Architect; and ]
(3)
the Landscape Architect may not seal or take
responsibility for the work prepared by the other licensed design professional
which was not prepared under the Landscape Architect's Supervision and Control.
]
(i)
A Landscape Architect shall
seal, sign, and date any feasibility study issued by the Landscape Architect
for use in Texas.]
(a)
A Landscape Architect may
not affix his/her seal to any document unless the document was prepared by
the Landscape Architect or under the Landscape Architect's Supervision and
Control. ]
(b)
No person, other than the
Landscape Architect represented, shall use or attempt to use a Landscape Architect's
seal or shall modify documents bearing a Landscape Architect's seal without
first obtaining the express written authority of the Landscape Architect represented
and clearly indicating on the documents the extent of the modifications made.
]
(c)
The use of signature reproductions
such as rubber stamps or computer generated or other facsimiles is not permitted
in lieu of actual signatures.]
Chapter 5.
INTERIOR DESIGNERS
Every registered Interior Designer shall procure a seal that shall be used
to identify all Construction Documents prepared by the Interior Designer or
under the Interior Designer's Supervision and Control for use in Texas. The
Interior Designer must personally authorize use of the seal. The Interior
Designer is responsible for the security of the seal when not in use.
]
An Interior Designer must use a seal that will
produce a permanent facsimile of the seal, such as a rubber stamp, a decal,
or a computer generated image, on any Construction Document that is intended
for duplication or dissemination. An Interior Designer may not use an impression
or embossing seal.
]
The design of the seal shall be an exact
replica of the seal shown in this subsection and shall bear the words "Registered
Interior Designer," "State of Texas," the name of the Interior Designer, and
the Interior Designer's registration number.
]
(a)
Every registered Interior
Designer shall affix his/her seal, actual signature (under the face of the
seal's image), and date of signature to all original Construction Documents
which are prepared and issued under the authorship or under the Supervision
and Control of the Interior Designer for use in Texas. The Interior Designer's
seal, signature, and date must be visible on all copies of original Construction
Documents issued for use in Texas. Original Construction Documents requiring
a seal, signature, and date include the following: ]
(1)
Each sheet of drawings; ]
(2)
Each table of contents or index that lists
specifications in bound groupings; any individual specification sheet that
is not listed in a table of contents or index must be sealed individually;
]
(3)
Each sheet that identifies the project and
lists any sealed Construction Documents, such as a title sheet, table of contents,
or index; and ]
(4)
Addenda, change orders, and supplemental documents.
]
(b)
Drawings and specifications
considered incomplete by the Interior Designer may be used as presentation
documents or issued for purposes other than regulatory approval, permit, or
construction without the Interior Designer's seal or signature affixed. All
incomplete drawings and specifications issued by an Interior Designer must
be dated, bear the Interior Designer's name and registration number, and be
conspicuously marked to clearly indicate the documents are incomplete and
may not be used for regulatory approval, permit, or construction. Incomplete
documents issued pursuant to this subsection may be issued in electronic format
as long as the documents are dated, bear the Interior Designer's name and
registration number, and are conspicuously marked to clearly indicate they
are incomplete and may not be used for regulatory approval, permit, or construction.
]
(c)
An Interior Designer shall
not issue drawings or specifications unless they are sealed, signed, and dated
pursuant to §5.113(a) or clearly marked to indicate that they are incomplete
and may not be used for regulatory approval, permit, or construction pursuant
to §5.113(b). ]
(d)
An Interior Designer shall
seal, sign, and date any document issued for regulatory approval, permit,
or construction which was prepared by a consultant retained by the Interior
Designer who did not affix a professional seal to the document. An Interior
Designer is not required to seal documents that have been sealed by other
licensed professionals. ]
(e)
Once documents bearing the
Interior Designer's seal are issued from the Interior Designer's office, the
seal shall not be removed by any person. ]
(f)
An Interior Designer may release
electronic drawing files with the following statement substituted for the
Interior Designer's signature: "This electronic drawing file is released under
the authority of {Interior Designer's name, registration number} on {date},
who maintains the original file. This electronic drawing file may be used
as a background drawing. Pursuant to Rule 5.113(f) of the Rules and Regulations
of the Texas Board of Architectural Examiners, the user of this electronic
drawing file agrees to assume all responsibility for any modification to or
use of this drawing file that is inconsistent with the requirements of the
Rules and Regulations of the Texas Board of Architectural Examiners. No person
may make any modification to this electronic drawing file without the Interior
Designer's express written permission." ]
(g)
For every project wherein
an Interior Designer releases documents for regulatory approval, permit, or
construction, the Interior Designer shall maintain a sealed, signed, and dated
paper or microform copy of such documents for a minimum of 10 years from the
date of substantial completion of the project. ]
(h)
An Interior Designer may complete,
correct, revise, or add to the work of another licensed design professional
when engaged to do so by a client as long as all of the following conditions
are satisfied: ]
(1)
the licensed design professional responsible
for the original work is notified in writing by the Interior Designer of the
engagement immediately upon acceptance of the engagement; ]
(2)
the work prepared by the Interior Designer
or under the Interior Designer's Supervision and Control shall be sealed by
and be the responsibility of the Interior Designer; and ]
(3)
the Interior Designer may not seal or take
responsibility for the work prepared by the other licensed design professional
which was not prepared under the Interior Designer's Supervision and Control.
]
(i)
An Interior Designer shall
seal, sign, and date any feasibility study issued by the Interior Designer
for use in Texas.]
(a)
An Interior Designer may not
affix his/her seal to any document unless the document was prepared by the
Interior Designer or under the Interior Designer's Supervision and Control.
]
(b)
No person, other than the
Interior Designer represented, shall use or attempt to use an Interior Designer's
seal or shall modify documents bearing an Interior Designer's seal without
first obtaining the express written authority of the Interior Designer represented
and clearly indicating on the documents the extent of the modifications made.
]
(c)
The use of signature reproductions
such as rubber stamps or computer generated or other facsimiles is not permitted
in lieu of actual signatures.]
(a)
An Interior Designer shall
provide a written Statement of Jurisdiction to each and every client for whom
the Interior Designer renders interior design services in Texas. ]
(1)
The Statement of Jurisdiction shall say, "The
Texas Board of Architectural Examiners has jurisdiction over complaints regarding
the professional practices of persons registered as Interior Designers in
Texas," and shall include the Board's current mailing address and telephone
number. ]
(2)
The Board recommends that the Statement of
Jurisdiction be placed on the last page of the written agreement for interior
design services. In the absence of a written agreement, the Statement of Jurisdiction
shall be otherwise presented to each client in writing. ]
(3)
The Board recommends that the Statement of
Jurisdiction include the address of the Board's web site. ]
(b)
If, in the course of his/her
work on a project, an Interior Designer becomes aware of a course of action
taken against the Interior Designer's advice which may violate applicable
state or local building laws or regulations and which is likely, in the Interior
Designer's judgment, to have a material adverse effect on the safe use of
the completed project, the Interior Designer shall do the following: ]
(1)
report the course of action in writing to the
owner, to the local building official(s), and to other responsible parties;
and ]
(2)
refuse to consent to the course of action.]
Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS of Applicants ].
Chapter 375.
RULES GOVERNING CONDUCT
testimonial or
] laudatory statement,
or other statement or implication that the
podiatric physician's
[
podiatrist's
] services are of exceptional quality;
Chapter 378.
CONTINUING EDUCATION
(g)
] These hours of continuing education
must be obtained in the 24 month period immediately preceding the year for
which the license was issued. The two-year period will begin on
November
1 and end on October 31
[
September 1 and end on August 31
]
two years later. The year in which the 30-hour credit requirement must be
completed after the original license is issued is every odd-numbered year
if the original license was issued in an odd-numbered year and is every even-numbered
year if the original license was issued in an even-numbered year. A licensee
who completes more than the required 30 hours during the preceding CME period
may carry forward a maximum of 10 hours for the next CME period.
(h)
] Documentation of CME courses
shall be made available to the Board upon request, but should not be sent
to the Board via facsimile, or mailed with the annual license renewal form.
Each licensee shall maintain the licensee's CME records at the licensee's
practice location for four years, evidencing completion of the CME programs
completed by the licensee. The Board shall conduct random checks of licensee
CME documentation to ensure compliance with this rule.
(i)
] A small percentage of podiatric
physicians who renew their licenses will be required to produce proof of completion
of the CME hours they affirmed obtaining on their annual license renewal notice.
The licensees to be reviewed will be chosen randomly out of the pool of annual
license renewal forms. Once a licensee has been randomly chosen for the CME
audit, he/she will receive a letter requiring the licensee to submit to the
Board proof of the hours claimed on the annual renewal form. Original documents
will not be required; copies of certificates and forms will be sufficient.
(j)
] If the licensee does not comply
with the request for CME documentation within 30 days of receipt of the letter,
or if the licensee is unable to provide proof of the hours claimed on the
annual renewal form, the licensee will be investigated by the Board. If the
investigation reveals that the requirement was not met, the licensee may be
disciplined. The penalty for non- compliance with the bi-annual CME requirement
shall be a letter of reprimand and a minimum $2500 administrative penalty
per violation up to the maximum allowed by law.
(k)
] The Board may assess the continuing
education needs of a licensee and require the licensee to attend continuing
education courses specified by the Board.
(l)
] Continuing education obtained
as a part of a disciplinary action is not acceptable credit towards the total
of 30 hours required every two years.
Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 427.
ADMINISTRATIVE HEARINGS
Chapter 436.
SUBSCRIPTION FEES