Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter A. SCOPE; DEFINITIONS
22 TAC §1.12
The Texas Board of Architectural Examiners adopts new section
1.12 for Title 22, Chapter 1, Subchapter A, pertaining to a statutory joint
advisory committee to advise the Board and the Texas Board of Professional
Engineers on issues related to the practice of engineering, the practice of
architecture, and the practice of landscape architecture, as published in
the December 19, 2003, issue of the
Texas Register
(28 TexReg 11197). The section is being adopted without changes, and
the text will not be republished in the
Texas Register
.
The new rule will govern issues related to the appointment, tenure, and
functions of the statutory joint advisory committee as follows: the Board’s
chairman will appoint three members of the Board and one architect who is
not a member of the Board to serve on the joint advisory committee. The three
members of the Board will include two architects and one landscape architect.
Members will serve staggered six-year terms. The terms of one or two of the
members must expire each odd numbered year. The joint advisory committee will
meet at least twice each year to address issues resulting from the overlap
between activities that constitute the practices of engineering and architecture
and the practices of engineering and landscape architecture. The joint advisory
committee will issue advisory opinions to the Board and the Texas Board of
Professional Engineers (TBPE) on subjects including whether certain activities
constitute the practice of engineering, the practice of architecture, and/or
the practice of landscape architecture; specific disciplinary proceedings
initiated by the Board or by TBPE; and the need for persons working on particular
projects to be registered by the Board or licensed by TBPE. The Board will
notify the joint advisory committee of the final action taken by the Board
with regard to a matter addressed in an advisory opinion issued to the Board.
The Board will enter into a memorandum of understanding with TBPE regarding
the joint advisory committee. The mission of the joint advisory committee
will be to assist the Board and TBPE in protecting the public rather than
advancing the interests of either agency or the profession(s) it regulates.
New section 1.12 provides for a group of qualified people to handle complex
issues resulting from the overlap of the three professions. In addition, the
two agencies will be provided with reliable guidance regarding enforcement
issues related to the overlap of the three professions.
The agency received no comments pertaining to the proposal to adopt this
new section.
The new section is adopted pursuant to Sections 1051.202 and
1051.212 of Tex. Occupations Code Annotated ch. 1051, which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to the statutory joint advisory committee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401960
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §1.21, §1.22
The Texas Board of Architectural Examiners adopts amendments
to Sections 1.21 and 1.22 for Title 22, Chapter 1, Subchapter B, pertaining
to registration as published in the December 19, 2003, issue of the
The only change to Section 1.21 as proposed removes the word "certified"
from the phrase "other certified documentation."
The amended Section 1.21 adds a requirement that an applicant for registration
by examination must provide verification that the applicant is legally in
the United States pursuant to the Federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
The amended Section 1.22 modifies the requirements related to obtaining
reciprocal registration by adding language that requires a reciprocal applicant
to hold a registration that is active and in good standing in another jurisdiction
that has registration requirements substantially equivalent to Texas registration
requirements or that has entered into a reciprocity agreement with the Board
that has been approved by the Governor of Texas. The amendment reflects a
recently enacted legislative change.
As a result of the amendments to the sections, the agency will be upholding
its statutory responsibility to assist with enforcement of the Federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 and, with regard
to the amendment to the reciprocal registration rule, the opportunities for
obtaining reciprocal registration will be clearly described in the rules.
The agency received no comments pertaining to the proposals to amend these
sections.
The amendments are adopted pursuant to Section 1051.202 of the
Tex. Occupations Code, which provides the Texas Board of Architectural Examiners
with general authority to adopt rules necessary to the administration of its
statutory duties. The amendment to the reciprocal registration rule is further
authorized by Section 1051.305 of the Tex. Occupations Code, which allows
the Board to grant reciprocal registration privileges only under certain specified
circumstances.
§1.21.Registration by Examination.
(a)
In order to obtain architectural registration by examination
in Texas, an Applicant:
(1)
shall have a professional degree from an architectural
education program accredited by the National Architectural Accreditation Board
(NAAB) or from an architectural education program outside the United States
where an evaluation by NAAB or another organization acceptable to the Board
has concluded that the program is substantially equivalent to an NAAB accredited
professional program;
(2)
shall successfully demonstrate completion of the Texas
Board of Architectural Examiners Intern Development Training Requirement;
and
(3)
shall successfully complete the architectural registration
examination as more fully described in Subchapter C.
(b)
An Applicant for architectural registration by examination
shall not be required to complete the Texas Board of Architectural Examiners
Intern Development Training Requirement if the Applicant successfully demonstrates
that prior to January 1, 1984, he/she acquired at least eight (8) years of
acceptable architectural experience or eight (8) years of a combination of
acceptable education and experience.
(c)
An Applicant for architectural registration by examination
who commenced his/her architectural education or experience prior to September
1, 1999, shall be subject to the rules and regulations relating to educational
and experiential requirements as they existed on August 31, 1999.
(d)
For purposes of this section, an Applicant shall be considered
to have "commenced" his/her architectural education upon enrollment in an
acceptable architectural education program.
(e)
In accordance with federal law, the Board must verify proof
of legal status in the United States. Each Applicant shall provide evidence
of legal status by submitting a certified copy of a United States birth certificate
or other documentation that satisfies the requirements of the Federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996. A list of
acceptable documents may be obtained by contacting the Board’s office.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401961
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §1.41
The Texas Board of Architectural Examiners adopts an amendment
to section 1.41 for Title 22, Chapter 1, Subchapter C, pertaining to the refund
of examination fees as published in the December 19, 2003, issue of the
The amendment to section 1.41 adds a new section regarding refunds of examination
fees. It states that the application fee is not refundable but that a portion
of the examination fee paid to the national examination provider may be refunded
if a candidate is precluded from taking or scheduling the examination because
of extreme hardship. The new section requires the submission of a written
request for refund within thirty days of the examination date. The new section
states that an examination fee may not be transferred to a subsequent examination.
Changes to the amendments to section 1.41, as proposed, include changing
the phrase "date of the scheduled examination" to "date the examination was
scheduled or intended to be scheduled" and adding "[a]pproval of the request
[for a refund] and refund of the fee or portion of the fee by the national
examination provider" as an additional condition precedent for granting refunds
of examination fees.
As a result of the amendment, the policy regarding refunds of examination
fees will be readily available to persons who might be affected by the policy.
The Board received no comments pertaining to the proposal to amend section
1.41.
The amendment to this section is adopted pursuant to Section
1051.303 of Tex. Occupations Code Annotated ch. 1051, which directs the Texas
Board of Architectural Examiners to adopt a comprehensive refund policy for
examination fees.
§1.41.Requirements.
(a)
Every Applicant for architectural registration by examination
in Texas must successfully complete all sections of the Architect Registration
Examination (ARE).
(b)
The Board may approve an Applicant to take the ARE only
after the Applicant has completed the educational requirements for architectural
registration by examination in Texas, has completed at least six (6) months
of full-time experience working under the direct supervision of a licensed
architect, and has submitted the required application materials.
(c)
An Applicant may take the ARE at any official ARE testing
center but must satisfy all Texas registration requirements in order to obtain
architectural registration by examination in Texas.
(d)
Each Candidate must achieve a passing score in each division
of the ARE. Scores from individual divisions may not be averaged to achieve
a passing score.
(e)
An examination fee may be refunded as follows:
(1)
The application fee paid to the Board is not refundable
or transferable.
(2)
The Board, on behalf of a Candidate, may request a refund
of a portion of the examination fee paid to the national examination provider
for scheduling all or a portion of the registration examination. A charge
for refund processing may be withheld by the national examination provider.
Refunds of examination fees are subject to the following conditions:
(A)
A Candidate, because of extreme hardship, must have been
precluded from scheduling or taking the examination or a portion of the examination.
For purposes of this subsection, extreme hardship is defined as a serious
illness or accident of the Candidate or a member of the Candidate’s
immediate family or the death of an immediate family member. Immediate family
members include the spouse, child(ren), parent(s), and sibling(s) of the Candidate.
Any other extreme hardship may be considered on a case-by-case basis.
(B)
A written request for a refund based on extreme hardship
must be submitted not later than thirty (30) days after the date the examination
or portion of the examination was scheduled or intended to be scheduled. Documentation
of the extreme hardship that precluded the applicant from scheduling or taking
the examination must be submitted by the Candidate as follows:
(i)
Illness: verification from a physician who treated the
illness.
(ii)
Accident: a copy of an official accident report.
(iii)
Death: a copy of a death certificate or newspaper obituary.
(C)
Approval of the request and refund of the fee or portion
of the fee by the national examination provider.
(3)
An examination fee may not be transferred to a subsequent
examination.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401962
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §1.45
The Texas Board of Architectural Examiners adopts new section
1.45 for Title 22, Chapter 1, Subchapter C, pertaining to special accommodations
for taking the Architect Registration Examination as published in the December
19, 2003, issue of the
Texas Register
(28
TexReg 11199). The section is being adopted without changes, and the text
will not be republished in the
Texas Register
.
New §1.45 describes the Board’s policy for ensuring that the
examination process complies with the requirements of the Americans with Disabilities
Act. It states that every registration examination must be conducted in an
accessible place and manner or alternative accessible arrangements must be
afforded so that no qualified individual with a disability is unreasonably
denied the opportunity to complete the licensure process because of his/her
disability; that special accommodations can be provided for examinees with
physical or mental impairments that substantially limit major life activities;
that available accommodations include the modification of examination procedures
and the provision of auxiliary aids and services designed to furnish an individual
with a disability an equal opportunity to demonstrate his/her knowledge, skills,
and ability; that the Board is not required to approve every request for accommodation
or auxiliary aid or provide every accommodation or service as requested; that
the Board is not required to grant a request for accommodation if doing so
would fundamentally alter the measurement of knowledge or the measurement
of a skill intended to be tested by the examination or would create an undue
financial or administrative burden; that the procedure for requesting accommodation
will be (1) for an applicant requesting an accommodation to submit documentation
regarding the existence of a disability and the reason the requested accommodation
is necessary to provide the applicant with an equal opportunity to exhibit
his/her knowledge, skills, and ability through the examination, (2) for an
applicant requesting an accommodation to have a licensed health care professional
or other qualified evaluator provide certification regarding the disability,
and (3) for an applicant seeking an accommodation to make a request for accommodation
on the prescribed form and provide documentation of the need for accommodation
well in advance of the examination date; that to support a request for an
accommodation or an auxiliary aid, the following information is required:
(1) identification of the type of disability (physical, mental, learning),
(2) information to substantiate the credentials of the evaluator, and (3)
professional verification of the disability and the required accommodation;
that documentation supporting an accommodation shall be valid for five (5)
years from the date submitted to the Board except that no further documentation
shall be required where the original documentation clearly states that the
disability will not change in the future; that the Board has the responsibility
to evaluate each request for accommodation and to approve, deny, or suggest
alternative reasonable accommodations; that the Board may consider an Applicant's
history of accommodation in determining its reasonableness in relation to
the currently identified impact of the disability; and that information related
to a request for accommodation shall be kept confidential to the extent provided
by law.
The board received no comments pertaining to the proposal to adopt this
section.
The new section is adopted pursuant to Section 1051.301 of Tex.
Occupations Code Annotated ch. 1051, which directs the Texas Board of Architectural
Examiners to adopt rules to ensure that examinations are administered in compliance
with the Americans with Disabilities Act of 1990.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401963
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §1.65, §1.66
The Texas Board of Architectural Examiners adopts amendments
to sections 1.65 and 1.66 for Title 22, Chapter 1, Subchapter D, pertaining
to renewal and reinstatement as published in the December 19, 2003, issue
of the
Texas Register
(28 TexReg 11201).
The sections are being adopted with changes.
The sections describe the annual registration renewal procedure and the
procedure for reinstating a registration that has been revoked, surrendered,
or cancelled.
The changes to §1.65 involve removing text that differentiates "registration
by examination" from "registration by reexamination" and deleting references
to the requirement that the applicant complete the "current" registration
examination.
The amendment to §1.65 will implement recently enacted statutory language
regarding the automatic cancellation of any registration that is delinquent
for one year. It states that a registration shall be cancelled by operation
of law on the one-year anniversary of its expiration unless it is renewed
before that time and that after such automatic cancellation, a registration
may not be reinstated. If a registration is automatically cancelled pursuant
to the section, the registrant will have to (1) submit an application for
registration and satisfy all requirements for registration, including the
successful completion of the registration examination; (2) submit an application
for registration by reciprocal transfer and satisfy all requirements for registration
by reciprocal transfer, including the successful completion of the registration
examination; or (3) submit an application for registration and demonstrate
that he or she moved to another state and is currently registered and has
been in practice in the other state for at least the two years immediately
preceding the date of the application.
The change to §1.66 involves adding the phrase "by operation of law"
in subsection (f) of the section. The purpose of the change is to clarify
that the subsection applies only to cancellations that are effectuated by
operation of law rather than to all cancellations.
The amendment to §1.66 will implement recently enacted statutory language
regarding the reinstatement of a registration that has been revoked as a result
of disciplinary action, surrendered in lieu of disciplinary action, or cancelled
by operation of law due to the registrant’s failure to renew the registration.
It requires that a revoked or surrendered registration may not be reinstated
unless the applicant demonstrates that he or she has taken reasonable steps
to correct the misconduct or deficiency that led to the revocation or surrender,
demonstrates that approval of the application is not inconsistent with the
Board’s duty to protect the public, and pays all fees and costs incurred
by the Board as a result of any proceeding that led to the revocation or surrender.
It also states that a registration cancelled due to the registrant’s
failure to renew it may not be reinstated.
The Board received no comments pertaining to the proposal to amend these
sections.
The amendments are adopted pursuant to Section 1051.353 of the
Tex. Occupations Code, which directs the Texas Board of Architectural Examiners
to cancel a registration that has been delinquent for one year and prohibits
the reinstatement of a registration that was cancelled due to delinquency,
and pursuant to Section 1051.403 of the Tex. Occupations Code, which allows
the Board to reinstate a revoked registration only after the reinstatement
applicant pays all fees and costs associated with the revocation and also
presents evidence to support the reinstatement.
§1.65.Annual Renewal Procedure.
(a)
The Board shall send an annual registration renewal notice
to each Architect at the Architect's current address of record. An Architect
must notify the Board in writing each time the Architect's address of record
changes, and the written notice of the Architect's change of address must
be signed by the Architect and submitted to the Board within sixty (60) days
of the effective date of the change of address.
(b)
An Architect may renew his/her registration prior to its
specified annual expiration date by:
(1)
remitting the correct fee to the Board; and
(2)
providing the information or documentation requested by
the annual registration renewal notice and signing the renewal form to verify
the accuracy of all information and documentation provided.
(c)
Each Architect must pay a mandatory $200 professional fee
in addition to the annual registration renewal fee prescribed by the Board.
(d)
If an Architect fails to remit a completed registration
renewal form and the prescribed fee on or before the specified expiration
date of the Architect's registration, the Board shall impose a late payment
penalty that must be paid before the Architect's registration may be renewed.
(e)
If the Board receives official notice that an Architect
has defaulted on the repayment of a loan guaranteed by the Texas Guaranteed
Student Loan Corporation (TGSLC), the Board may not renew the Architect's
registration unless:
(1)
the renewal is the first renewal following the Board's
receipt of official notice regarding the default;
(2)
the Architect presents to the Board a certificate from
TGSLC certifying that the Architect has entered into a repayment agreement
for the defaulted loan; or
(3)
the Architect presents to the Board a certificate from
TGSLC certifying that the Architect is not in default on a loan guaranteed
by TGSLC.
(f)
If the Board receives official notice that an Architect
has failed to pay court ordered child support, the Board may be prohibited
from renewing the Architect's registration.
(g)
If a registration is not renewed within one (1) year after
the specified registration expiration date, the registration shall be cancelled
by operation of law on the one-year anniversary of its expiration without
an opportunity for a formal hearing. If a registration is cancelled pursuant
to this subsection, the registration may not be reinstated. In order to obtain
a new certificate of registration, a person whose registration was cancelled
pursuant to this subsection must:
(1)
submit an application for registration and satisfy all
requirements for registration pursuant to Section 1.21, including the successful
completion of the registration examination;
(2)
submit an application for registration by reciprocal transfer
and satisfy all requirements for registration by reciprocal transfer pursuant
to Section 1.22, including the successful completion of the registration examination;
or
(3)
submit an application for registration and demonstrate
that he/she moved to another state and is currently licensed or registered
and has been in practice in the other state for at least the two (2) years
immediately preceding the date of the application.
§1.66.Reinstatement.
(a)
Once the revocation, cancellation, or surrender of an Architect's
registration is effective, the registration may be reinstated only after an
application for reinstatement is properly submitted and approved and the prescribed
reinstatement fee is paid.
(b)
If a reinstatement Applicant has practiced architecture
or used any form of the title "architect" in violation of the Architects'
Registration Law since the effective date of the revocation, cancellation,
or surrender of the Applicant's registration, the reinstatement fee to be
paid upon approval of the application shall include an amount equal to the
sum of the registration renewal fees for each year since the effective date
of the revocation, cancellation, or surrender.
(c)
An application for reinstatement may be denied on the following
grounds:
(1)
the registration has been revoked for a continuous period
of five (5) years or longer;
(2)
the reinstatement Applicant has performed an act, omitted
an act or allowed an omission, or otherwise engaged in a practice that could
serve as the basis for the rejection of an application for registration or
for the revocation of a registration; or
(3)
the registration was voluntarily surrendered in lieu of
potential disciplinary action and the Board finds that the approval of the
reinstatement application does not appear to be in the public's interest.
(d)
If at least five (5) years have passed since the effective
date of the revocation, cancellation, or surrender of a registration, one
of the following shall be required prior to approval of an application for
reinstatement:
(1)
successful completion of all sections of the current registration
examination during the five (5) years immediately preceding reinstatement;
or
(2)
verification that the Applicant currently holds an architectural
registration that is active and in good standing in another jurisdiction where
the registration requirements are substantially equivalent to Texas architectural
registration requirements.
(e)
If a registration was revoked as a result of disciplinary
action or surrendered in lieu of disciplinary action, the registration shall
not be reinstated unless the Applicant:
(1)
demonstrates that the Applicant has taken reasonable steps
to correct the misconduct or deficiency that led to the revocation or surrender;
(2)
demonstrates that approval of the application is not inconsistent
with the Board’s duty to protect the public by ensuring that registrants
are duly qualified and fit for registration; and
(3)
pays all fees and costs incurred by the Board as a result
of any proceeding that led to the revocation or surrender.
(f)
If a registration is cancelled by operation of law due
to the Registrant’s failure to renew the registration within one (1)
year after its designated expiration date, the registration may not be reinstated.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401964
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §1.81, §1.82
The Texas Board of Architectural Examiners adopts amendments
to Sections 1.81 and 1.82 for Title 22, Chapter 1, Subchapter E, pertaining
to fees, as published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11201).
Section 1.81 is being adopted without changes, and the text will not be
republished in the
Texas Register
. Section
1.82 is being adopted with changes.
The sections describe the method of establishing fees, the amounts of fees,
the requirements related to paying fees, and the consequences of failing to
pay the annual registration renewal fee.
The amendment to Section 1.81 adds the agency’s fee schedule to the
section, clarifies that cash will not be accepted as payment for any fee,
adds a reference to a processing fee to be charged if a check is returned
unpaid by the bank upon which the check is drawn, and describes a fee exemption
for members of the U.S. military who are on active duty status.
One change to the proposed amendment to §1.82 involves replacing the
sentence "[a] registration certificate shall become invalid on its designated
expiration date unless it is renewed" with "[a] person whose certificate of
registration has expired may not engage in activities that require registration
until the certificate of registration has been renewed" in Subsection (b).
The other change replaces "registrant" with "Registrant" to denote a defined
term.
The amendment to Section 1.82 describes the automatic cancellation provision
enacted by the Legislature that will result in the automatic cancellation
of any registration that remains delinquent for one year after its designated
expiration date.
The Board received one comment pertaining to the proposal to amend these
sections. The comment suggested that the Board should consider exempting members
of the military from having to submit annual renewal forms when they are on
active duty in a combat situation. The Board declined to take action to implement
the suggestion because of the importance of maintaining current information
related to all registrants.
The amendments are adopted pursuant to Section 1051.651 of the
Tex. Occupations Code, which provides the Texas Board of Architectural Examiners
with authority to establish fees as reasonable and necessary to cover the
costs of administering its statutory duties, and pursuant to Sections 1051.353
and 1051.354 of the Tex. Occupations Code, which provide authority for the
subsections regarding the automatic cancellation of registrations and the
fee exemptions for members of the U.S. military.
§1.82.Annual Fees.
(a)
The Board shall send an annual notice to each person who
must pay a fee that is due annually. Each annual notice shall be sent to the
intended recipient's current address of record. Every annual fee must be paid
regardless of whether an annual notice is received.
(b)
Every Registrant must pay his/her annual renewal fee on
or before the designated expiration date of the Registrant’s certificate
of registration. If a Registrant fails to pay his/her annual renewal fee on
or before the designated expiration date of the Registrant’s certificate
of registration, the Board shall require that the Registrant pay a penalty
fee in addition to the registration renewal fee before the registration may
be renewed. A person whose certificate of registration has expired may not
engage in activities that require registration until the certificate of registration
has been renewed.
(c)
If a Registrant fails to renew his/her certificate of registration
within one year after its designated expiration date, the certificate of registration
shall be cancelled by operation of law without the opportunity for a formal
hearing. The Board shall send a notice of pending cancellation to a Registrant
who fails to renew his/her certificate of registration within one year after
its designated expiration date. The notice shall be sent to the Registrant’s
current address of record.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401965
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §3.12
The Texas Board of Architectural Examiners adopts new section
3.12 for Title 22, Chapter 3, Subchapter A, pertaining to a statutory joint
advisory committee to advise the Board and the Texas Board of Professional
Engineers on issues related to the practice of engineering, the practice of
architecture, and the practice of landscape architecture, as published in
the December 19, 2003, issue of the
Texas Register
(28 TexReg 11203).
The section is being adopted without changes, and the text will not be
republished in the
Texas Register
.
The new rule will govern issues related to the appointment, tenure, and
functions of the statutory joint advisory committee as follows: the Board’s
chairman will appoint three members of the Board and one architect who is
not a member of the Board to serve on the joint advisory committee. The three
members of the Board will include two architects and one landscape architect.
Members will serve staggered six-year terms. The terms of one or two of the
members must expire each odd numbered year. The joint advisory committee will
meet at least twice each year to address issues resulting from the overlap
between activities that constitute the practices of engineering and architecture
and the practices of engineering and landscape architecture. The joint advisory
committee will issue advisory opinions to the Board and the Texas Board of
Professional Engineers (TBPE) on subjects including whether certain activities
constitute the practice of engineering, the practice of architecture, and/or
the practice of landscape architecture; specific disciplinary proceedings
initiated by the Board or by TBPE; and the need for persons working on particular
projects to be registered by the Board or licensed by TBPE. The Board will
notify the joint advisory committee of the final action taken by the Board
with regard to a matter addressed in an advisory opinion issued to the Board.
The Board will enter into a memorandum of understanding with TBPE regarding
the joint advisory committee. The mission of the joint advisory committee
will be to assist the Board and TBPE in protecting the public rather than
advancing the interests of either agency or the profession(s) it regulates.
New section 3.12 provides for a group of qualified people to handle complex
issues resulting from the overlap of the three professions. In addition, the
two agencies will be provided with reliable guidance regarding enforcement
issues related to the overlap of the three professions
The board received no comments pertaining to the proposal to adopt this
new rule.
The new section is adopted pursuant to Sections 1051.202 and
1051.212 of Tex. Occupations Code Annotated ch. 1051, which provide the Texas
Board of Architectural Examiners with authority to promulgate rules, including
rules related to the statutory joint advisory committee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401976
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §3.21, §3.22
The Texas Board of Architectural Examiners adopts amendments
to Sections 3.21 and 3.22 for Title 22, Chapter 3, Subchapter B, pertaining
to registration, as published in the December 19, 2003, issue of the
Section 3.21 is being adopted with changes. Section 3.22 is being adopted
without changes, and the text will not be republished in the
Texas Register
.
The sections describe the general requirements for obtaining landscape
architectural registration by examination and by reciprocal transfer.
The only change to §3.21 as proposed removes the word "certified"
from the phrase "other certified documentation."
The amendment to Section 3.21 adds a requirement that an applicant for
registration by examination must provide verification that the applicant is
legally in the United States pursuant to the Federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
The amendment to Section 3.22 modifies the requirements related to obtaining
reciprocal registration by adding language that requires a reciprocal applicant
to hold a registration that is active and in good standing in another jurisdiction
that has registration requirements substantially equivalent to Texas registration
requirements or that has entered into a reciprocity agreement with the Board
that has been approved by the Governor of Texas. The amendment reflects a
recently enacted legislative change. The amendments to the sections will enable
the agency to uphold its statutory responsibility to assist with enforcement
of the Federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 and, with regard to the proposed amendment to the reciprocal registration
rule, that the opportunities for obtaining reciprocal registration will be
clearly described in the rules.
The board received no comments pertaining to the proposal to adopt this
new section.
The amendments are adopted pursuant to Section 1051.202 of the
Tex. Occupations Code, which provides the Texas Board of Architectural Examiners
with general authority to adopt rules necessary to the administration of its
statutory duties. The proposed amendment to the reciprocal registration rule
is further authorized by Section 1051.305 of the Tex. Occupations Code, which
allows the Board to grant reciprocal registration privileges only under certain
specified circumstances.
§3.21.Registration by Examination.
(a)
In order to obtain landscape architectural registration
by examination in Texas, an Applicant:
(1)
shall have a professional degree from a landscape architectural
education program accredited by the Landscape Architectural Accreditation
Board (LAAB) or from a landscape architectural education program outside the
United States where an evaluation by Education Credential Evaluators or another
organization acceptable to the Board has concluded that the program is substantially
equivalent to an LAAB accredited professional program;
(2)
shall successfully demonstrate that he/she has gained at
least two (2) years' actual experience working directly under a licensed landscape
architect or other experience approved by the Board pursuant to the Texas
Table of Equivalents for Experience in Landscape Architecture; and
(3)
shall successfully complete the landscape architectural
registration examination as more fully described in Subchapter C.
(b)
An Applicant for landscape architectural registration by
examination who commenced his/her landscape architectural education or experience
prior to September 1, 1999, shall be subject to the rules and regulations
relating to educational and experiential requirements as they existed on August
31, 1999.
(c)
For purposes of this section, an Applicant shall be considered
to have "commenced" his/her landscape architectural education upon enrollment
in an acceptable landscape architectural education program.
(d)
In accordance with federal law, the Board must verify proof
of legal status in the United States. Each Applicant shall provide evidence
of legal status by submitting a certified copy of a United States birth certificate
or other documentation that satisfies the requirements of the Federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996. A list of
acceptable documents may be obtained by contacting the Board’s office.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401966
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §3.41
The Texas Board of Architectural Examiners adopts an amendment
to section 3.41 for Title 22, Chapter 3, Subchapter C, pertaining to the refund
of examination fees, as published in the December 19, 2003, issue of the
The section is being adopted with changes.
The section describes requirements related to the general procedures for
the examination for landscape architectural registration in Texas.
The amendment to section 3.41 adds a new section regarding refunds of examination
fees.
Changes to the amendment, as proposed, disallow refunds of exam fees but
state that a portion of an examination fee may be reapplied to a subsequent
examination if a candidate was unable to take a scheduled examination due
to "extreme hardship," which is specifically defined. The changes also describe
the process for requesting the reapplication of a portion of an examination
fee and state that the national examination provider must approve the request
in order for it to be granted.
As a result of the amendment, the policy regarding refunds of examination
fees will be readily available to persons who might be affected by the policy.
The board received no comments pertaining to the proposal to adopt this
amendment.
The amendment to this section is adopted pursuant to Section
1051.303 of Tex. Occupations Code Annotated ch. 1051, which directs the Texas
Board of Architectural Examiners to adopt a comprehensive refund policy for
examination fees.
§3.41.Requirements.
(a)
Every Applicant for landscape architectural registration
by examination in Texas must successfully complete all sections of the Landscape
Architect Registration Examination (LARE).
(b)
The Board may approve an Applicant to take the LARE only
after the Applicant has completed the educational requirements for landscape
architectural registration by examination in Texas, has completed at least
six (6) months of full-time experience working under the direct supervision
of a licensed landscape architect, and has submitted the required application
materials.
(c)
An Applicant may take the LARE at any official LARE testing
center but must satisfy all Texas registration requirements in order to obtain
landscape architectural registration by examination in Texas.
(d)
Each Candidate must achieve a passing score in each division
of the LARE. Scores from individual divisions may not be averaged to achieve
a passing score.
(e)
An examination fee may not be refunded. A portion of an
examination fee may be reapplied to a subsequent examination as follows:
(1)
A Candidate, because of extreme hardship, must have been
precluded from scheduling or taking the examination or a portion of the examination.
For purposes of this subsection, extreme hardship is defined as a serious
illness or accident of the Candidate or a member of the Candidate’s
immediate family or the death of an immediate family member. Immediate family
members include the spouse, child(ren), parent(s), and sibling(s) of the Candidate.
Any other extreme hardship may be considered on a case-by-case basis.
(2)
A written request to reapply the examination fee based
on extreme hardship must be submitted not later than thirty (30) days after
the date of the scheduled examination or portion of the examination. Documentation
of the extreme hardship that precluded the applicant from scheduling or taking
the examination must be submitted by the Candidate as follows:
(A)
Illness: verification from a physician who treated the
illness.
(B)
Accident: a copy of an official accident report.
(C)
Death: a copy of a death certificate or newspaper obituary.
(3)
The national examination provider must approve the request.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401967
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §3.45
The Texas Board of Architectural Examiners adopts new §3.45
for Title 22, Chapter 3, Subchapter C, pertaining to special accommodations
for taking the registration examination for landscape architectural registration
in Texas, as published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11206).
The section is being adopted without changes, and the text will not be
republished in the
Texas Register
.
New §3.45 describes the Board’s policy for ensuring that the
examination process complies with the requirements of the Americans with Disabilities
Act. It states that every registration examination must be conducted in an
accessible place and manner or alternative accessible arrangements must be
afforded so that no qualified individual with a disability is unreasonably
denied the opportunity to complete the licensure process because of his/her
disability; that special accommodations can be provided for examinees with
physical or mental impairments that substantially limit major life activities;
that available accommodations include the modification of examination procedures
and the provision of auxiliary aids and services designed to furnish an individual
with a disability an equal opportunity to demonstrate his/her knowledge, skills,
and ability; that the Board is not required to approve every request for accommodation
or auxiliary aid or provide every accommodation or service as requested; that
the Board is not required to grant a request for accommodation if doing so
would fundamentally alter the measurement of knowledge or the measurement
of a skill intended to be tested by the examination or would create an undue
financial or administrative burden; that the procedure for requesting accommodation
will be (1) for an applicant requesting an accommodation to submit documentation
regarding the existence of a disability and the reason the requested accommodation
is necessary to provide the applicant with an equal opportunity to exhibit
his/her knowledge, skills, and ability through the examination, (2) for an
applicant requesting an accommodation to have a licensed health care professional
or other qualified evaluator provide certification regarding the disability,
and (3) for an applicant seeking an accommodation to make a request for accommodation
on the prescribed form and provide documentation of the need for accommodation
well in advance of the examination date; that to support a request for an
accommodation or an auxiliary aid, the following information is required:
(1) identification of the type of disability (physical, mental, learning),
(2) information to substantiate the credentials of the evaluator, and (3)
professional verification of the disability and the required accommodation;
that documentation supporting an accommodation shall be valid for five (5)
years from the date submitted to the Board except that no further documentation
shall be required where the original documentation clearly states that the
disability will not change in the future; that the Board has the responsibility
to evaluate each request for accommodation and to approve, deny, or suggest
alternative reasonable accommodations; that the Board may consider an Applicant's
history of accommodation in determining its reasonableness in relation to
the currently identified impact of the disability; and that information related
to a request for accommodation shall be kept confidential to the extent provided
by law.
The Board received no comments pertaining to the proposal to adopt this
section.
The new section is adopted pursuant to Section 1051.301 of Tex.
Occupations Code Annotated ch. 1051, which directs the Texas Board of Architectural
Examiners to adopt rules to ensure that examinations are administered in compliance
with the Americans with Disabilities Act of 1990.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401968
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §3.65, §3.66
The Texas Board of Architectural Examiners adopts amendments
to sections 3.65 and 3.66 for Title 22, Chapter 3, Subchapter D, pertaining
to renewal and reinstatement, as published in the December 19, 2003, issue
of the
Texas Register
(28 TexReg 11208).
The section is being adopted with changes.
The sections describe the annual registration renewal procedure and the
procedure for reinstating a registration that has been revoked, surrendered,
or cancelled.
Changes to §3.65 involve removing text that differentiates "registration
by examination" from "registration by reexamination" and deleting references
to the requirement that the applicant complete the "current" registration
examination.
The amendment to §3.65 will implement recently enacted statutory language
regarding the automatic cancellation of any registration that is delinquent
for one year. It states that a registration shall be cancelled by operation
of law on the one-year anniversary of its expiration unless it is renewed
before that time and that after such automatic cancellation, a registration
may not be reinstated. If a registration is automatically cancelled pursuant
to the section, the registrant will have to (1) submit an application for
registration and satisfy all requirements for registration, including the
successful completion of the registration examination; (2) submit an application
for registration by reciprocal transfer and satisfy all requirements for registration
by reciprocal transfer, including the successful completion of the registration
examination; or (3) submit an application for registration and demonstrate
that he or she moved to another state and is currently registered and has
been in practice in the other state for at least the two years immediately
preceding the date of the application. The proposed amendments also will implement
recently enacted statutory language requiring landscape architects to pay
a $200 professional fee in addition to the annual registration renewal fee
prescribed by the Board.
The change to §3.66 involves adding the phrase "by operation of law"
in subsection (f) of the section. The purpose of the change is to clarify
that the subsection applies only to cancellations that are effectuated by
operation of law rather than to all cancellations.
The amendment to §3.66 will implement recently enacted statutory language
regarding the reinstatement of a registration that has been revoked as a result
of disciplinary action, surrendered in lieu of disciplinary action, or cancelled
by operation of law due to the registrant’s failure to renew the registration.
It requires that a revoked or surrendered registration may not be reinstated
unless the applicant demonstrates that he or she has taken reasonable steps
to correct the misconduct or deficiency that led to the revocation or surrender,
demonstrates that approval of the application is not inconsistent with the
Board’s duty to protect the public, and pays all fees and costs incurred
by the Board as a result of any proceeding that led to the revocation or surrender.
It also states that a registration cancelled due to the registrant’s
failure to renew it may not be reinstated.
The board received no comments pertaining to the proposal to amend this
section.
The amendments are adopted pursuant to Section 1051.353 of the
Tex. Occupations Code, which directs the Texas Board of Architectural Examiners
to cancel a registration that has been delinquent for one year and prohibits
the reinstatement of a registration that was cancelled due to delinquency;
pursuant to Section 1051.403 of the Tex. Occupations Code, which allows the
Board to reinstate a revoked registration only after the reinstatement applicant
pays all fees and costs associated with the revocation and also presents evidence
to support the reinstatement; and pursuant to Section 1052.0541 of the Tex.
Occupations Code, which prescribes a mandatory $200 professional fee for landscape
architects.
§3.65.Annual Renewal Procedure.
(a)
The Board shall send an annual registration renewal notice
to each Landscape Architect at the Landscape Architect's current address of
record. A Landscape Architect must notify the Board in writing each time the
Landscape Architect's address of record changes, and the written notice of
the Landscape Architect's change of address must be signed by the Landscape
Architect and submitted to the Board within sixty (60) days of the effective
date of the change of address.
(b)
A Landscape Architect may renew his/her registration prior
to its specified annual expiration date by:
(1)
remitting the correct fee to the Board; and
(2)
providing the information and documentation requested by
the annual registration renewal notice and signing the renewal form to verify
the accuracy of all information and documentation provided.
(c)
If a Landscape Architect fails to remit a completed registration
renewal form and the prescribed fee on or before the specified expiration
date of the Landscape Architect's registration, the Board shall impose a late
payment penalty that must be paid before the Landscape Architect's registration
may be renewed.
(d)
If the Board receives official notice that a Landscape
Architect has defaulted on the repayment of a loan guaranteed by the Texas
Guaranteed Student Loan Corporation (TGSLC), the Board may not renew the Landscape
Architect's registration unless:
(1)
the renewal is the first renewal following the Board's
receipt of official notice regarding the default;
(2)
the Landscape Architect presents to the Board a certificate
from TGSLC certifying that the Landscape Architect has entered into a repayment
agreement for the defaulted loan; or
(3)
the Landscape Architect presents to the Board a certificate
from TGSLC certifying that the Landscape Architect is not in default on a
loan guaranteed by TGSLC.
(e)
If the Board receives official notice that a Landscape
Architect has failed to pay court ordered child support, the Board may be
prohibited from renewing the Landscape Architect's registration.
(f)
If a registration is not renewed within one (1) year after
the specified registration expiration date, the registration shall be cancelled
by operation of law on the one-year anniversary of its expiration without
an opportunity for a formal hearing. If a registration is cancelled pursuant
to this subsection, the registration may not be reinstated. In order to obtain
a new certificate of registration, a person whose registration was cancelled
pursuant to this subsection must:
(1)
submit an application for registration and satisfy all
requirements for registration pursuant to Section 3.21, including the successful
completion of the registration examination;
(2)
submit an application for registration by reciprocal transfer
and satisfy all requirements for registration by reciprocal transfer pursuant
to Section 3.22, including the successful completion of the registration examination;
or
(3)
submit an application for registration and demonstrate
that he/she moved to another state and is currently licensed or registered
and has been in practice in the other state for at least the two (2) years
immediately preceding the date of the application.
(g)
Each Landscape Architect must pay a mandatory $200 professional
fee in addition to the annual registration renewal fee prescribed by the Board.
§3.66.Reinstatement.
(a)
Once the revocation, cancellation, or Surrender of a Landscape
Architect's registration is effective, the registration may be reinstated
only after an application for reinstatement is properly submitted and approved
and the prescribed reinstatement fee is paid.
(b)
If a reinstatement Applicant has practiced landscape architecture
or has used the term "landscape architect," the term "landscape architectural,"
the term "landscape architecture," or any similar term to describe himself/herself
or to describe services he/she has offered or provided in Texas since the
effective date of the revocation, cancellation, or Surrender of the Applicant's
registration, the reinstatement fee to be paid upon approval of the application
shall include an amount equal to the sum of the registration renewal fees
for each year since the effective date of the revocation, cancellation, or
Surrender.
(c)
An application for reinstatement may be denied on the following
grounds:
(1)
the registration has been revoked for a continuous period
of five (5) years or longer;
(2)
the reinstatement Applicant has performed an act, omitted
an act or allowed an omission, or otherwise engaged in a practice that could
serve as the basis for the rejection of an application for registration or
for the revocation of a registration; or
(3)
the registration was voluntarily surrendered in lieu of
potential disciplinary action and the Board finds that the approval of the
reinstatement application does not appear to be in the public's interest.
(d)
If at least five (5) years have passed since the effective
date of the revocation, cancellation, or Surrender of a registration, one
of the following shall be required prior to approval of an application for
reinstatement:
(1)
successful completion of all sections of the current registration
examination during the five (5) years immediately preceding reinstatement;
or
(2)
verification that the Applicant currently holds a landscape
architectural registration that is active and in good standing in another
jurisdiction where the registration requirements are substantially equivalent
to Texas landscape architectural registration requirements.
(e)
If a registration was revoked as a result of disciplinary
action or surrendered in lieu of disciplinary action, the registration shall
not be reinstated unless the Applicant:
(1)
demonstrates that the Applicant has taken reasonable steps
to correct the misconduct or deficiency that led to the revocation or surrender;
(2)
demonstrates that approval of the application is not inconsistent
with the Board’s duty to protect the public by ensuring that registrants
are duly qualified and fit for registration; and
(3)
pays all fees and costs incurred by the Board as a result
of any proceeding that led to the revocation or surrender.
(f)
If a registration is cancelled by operation of law due
to the Registrant’s failure to renew the registration within one (1)
year after its designated expiration date, the registration may not be reinstated.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401969
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §3.81, §3.82
The Texas Board of Architectural Examiners adopts amendments
to Sections 3.81 and 3.82 for Title 22, Chapter 3, Subchapter E, pertaining
to fees, as published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11209).
Section 3.81 is being adopted without changes, and the text will not be
republished in the
Texas Register
. Section
3.82 is being adopted with changes.
The sections describe the method of establishing fees, the amounts of fees,
the requirements related to paying fees, and the consequences of failing to
pay the annual registration renewal fee.
The amendment to Section 3.81 adds the agency’s fee schedule to the
section, clarifies that cash will not be accepted as payment for any fee,
adds a reference to a processing fee to be charged if a check is returned
unpaid by the bank upon which the check is drawn, and describes a fee exemption
for members of the U.S. military who are on active duty status.
One change to the proposed amendment to §3.82 involves replacing the
sentence "[a] registration certificate shall become invalid on its designated
expiration date unless it is renewed" with "[a] person whose certificate of
registration has expired may not engage in activities that require registration
until the certificate of registration has been renewed" in Subsection (b).
The other change replaces "registrant" with "Registrant" to denote a defined
term.
The amendment to Section 3.82 describes the automatic cancellation provision
enacted by the Legislature that will result in the automatic cancellation
of any registration that remains delinquent for one year after its designated
expiration date.
The Board received one comment pertaining to the proposal to amend these
sections. The comment suggested that the Board should consider exempting members
of the military from having to submit annual renewal forms when they are on
active duty in a combat situation. The Board declined to take action to implement
the suggestion because of the importance of maintaining current information
related to all registrants.
The amendments are adopted pursuant to Section 1052.054 of the
Tex. Occupations Code, which provides the Texas Board of Architectural Examiners
with authority to establish fees as reasonable and necessary to cover the
costs of administering its statutory duties, and pursuant to Sections 1051.353
and 1051.354 of the Tex. Occupations Code, which provide authority for the
subsections regarding the automatic cancellation of registrations and the
fee exemptions for members of the U.S. military.
§3.82.Annual Fees.
(a)
The Board shall send an annual notice to each person who
must pay a fee that is due annually. Each annual notice shall be sent to the
intended recipient's current address of record. Every annual fee must be paid
regardless of whether an annual notice is received.
(b)
Every Registrant must pay his/her annual renewal fee on
or before the designated expiration date of the Registrant’s certificate
of registration. If a Registrant fails to pay his/her annual renewal fee on
or before the designated expiration date of the Registrant’s certificate
of registration, the Board shall require that the Registrant pay a penalty
fee in addition to the registration renewal fee before the registration may
be renewed. A person whose certificate of registration has expired may not
engage in activities that require registration until the certificate of registration
has been renewed.
(c)
If a Registrant fails to renew his/her certificate of registration
within one year after its designated expiration date, the certificate of registration
shall be cancelled by operation of law without the opportunity for a formal
hearing. The Board shall send a notice of pending cancellation to a Registrant
who fails to renew his/her certificate of registration within one year after
its designated expiration date. The notice shall be sent to the Registrant’s
current address of record.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401970
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
Subchapter B. ELIGIBILITY FOR REGISTRATION
22 TAC §5.31, §5.32
The Texas Board of Architectural Examiners adopts amendments
to Sections 5.31and 5.32 for Title 22, Chapter 5, Subchapter B, pertaining
to registration, as published in the December 19, 2003, issue of the
Section 5.31 is being adopted with changes. Section 5.32 is being adopted
without changes, and the text will not be republished in the
Texas Register
.
The existing sections describe the general requirements for obtaining interior
design registration by examination and by reciprocal transfer.
The only change to §5.31 as proposed removes the word "certified"
from the phrase "other certified documentation."
The amendment to Section 5.31 adds a requirement that an applicant for
registration by examination must provide verification that the applicant is
legally in the United States pursuant to the Federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
The amendment to Section 5.32 modifies the requirements related to obtaining
reciprocal registration by adding language that requires a reciprocal applicant
to hold a registration that is active and in good standing in another jurisdiction
that has registration requirements substantially equivalent to Texas registration
requirements or that has entered into a reciprocity agreement with the Board
that has been approved by the Governor of Texas. The proposed amendment reflects
a recently enacted legislative change.
The agency received no comments pertaining to the proposals to amend these
sections.
The amendments are adopted pursuant to Section 1051.202 of the
Tex. Occupations Code, which provides the Texas Board of Architectural Examiners
with general authority to adopt rules necessary to the administration of its
statutory duties. The proposed amendment to the reciprocal registration rule
is further authorized by Section 1051.305 of the Tex. Occupations Code, which
allows the Board to grant reciprocal registration privileges only under certain
specified circumstances.
§5.31.Registration by Examination.
(a)
In order to obtain interior design registration by examination
in Texas, an Applicant shall demonstrate that the Applicant has a combined
total of at least six years of approved interior design education and experience
and shall successfully complete the interior design registration examination
as more fully described in Subchapter C. For purposes of this section, an
Applicant has "approved interior design education" if:
(1)
The Applicant graduated from a program that has been granted
professional status by the Foundation for Interior Design Education Research
(FIDER) or the National Architectural Accreditation Board (NAAB) or from an
interior design education program outside the United States where an evaluation
by World Education Services or another organization acceptable to the Board
has concluded that the program is substantially equivalent to a FIDER or NAAB
accredited professional program;
(2)
The Applicant has a doctorate, a master's degree, or a
baccalaureate degree in interior design;
(3)
The Applicant has:
(A)
A baccalaureate degree in a field other than interior design;
and
(B)
An associate's degree or a two- or three-year certificate
from an interior design program at an institution accredited by an agency
recognized by the Texas Higher Education Coordinating Board;
(4)
The Applicant has:
(A)
A baccalaureate degree in a field other than interior design;
and
(B)
An associate's degree or a two- or three-year certificate
from a foreign interior design program approved or accredited by an agency
acceptable to the Board;
(5)
The Applicant applied on or before August 31, 2010, and
prior to that date, the Applicant successfully completed:
(A)
At least six years of actual experience working under the
direct supervision of a registered interior designer or a registered architect;
(B)
An associate's degree in interior design from an institution
accredited by an agency recognized by the Texas Higher Education Coordinating
Board; and
(C)
Credit for the equivalent of at least 60 semester credit
hours toward any baccalaureate degree; or
(6)
The Applicant applied on or before August 31, 2010, and
prior to that date, the Applicant successfully completed:
(A)
At least four years of actual experience working under
the direct supervision of a registered interior designer or a registered architect;
(B)
A FIDER accredited pre-professional assistant level program;
and
(C)
Credit for the equivalent of at least 60 semester credit
hours toward any baccalaureate degree.
(b)
The Board shall evaluate the education and experience required
by subsection (a) of this section in accordance with the Table of Equivalents
for Education and Experience in Interior Design.
(c)
For purposes of this section, the term "approved interior
design education" does not include continuing education courses.
(d)
An Applicant for interior design registration by examination
who commences completion of the educational requirements for registration
after September 1, 2006, must graduate from a program that has been granted
professional status by FIDER.
(e)
An Applicant for interior design registration by examination
who commenced his/her interior design education or experience prior to September
1, 1999, shall be subject to the rules and regulations relating to educational
and experiential requirements as they existed on August 31, 1999.
(f)
For purposes of this section, an applicant shall be considered
to have "commenced" his/her interior design education upon enrollment in an
acceptable interior design education program.
(g)
An Applicant who filed an application for registration
without examination prior to August 31, 1994, is subject to the rules and
regulations relating to educational and experiential requirements in effect
at the time the application was filed. Such Applicant must complete the required
six years of experience on or before September 1, 2003, in order to be eligible
for registration without examination.
(h)
In accordance with federal law, the Board must verify proof
of legal status in the United States. Each Applicant shall provide evidence
of legal status by submitting a certified copy of a United States birth certificate
or other documentation that satisfies the requirements of the Federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996. A list of
acceptable documents may be obtained by contacting the Board’s office.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401971
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §5.51
The Texas Board of Architectural Examiners adopts an amendment
to section 5.51 for Title 22, Chapter 5, Subchapter C, pertaining to the refund
of examination fees, as published in the December 19, 2003, issue of the
The section is being adopted with changes.
The section describes requirements related to the general procedures for
examination for interior design registration in Texas.
The amendment to section 5.51 adds a new section regarding refunds of examination
fees. It states that the application fee is not refundable but that a portion
of the examination fee paid to the national examination provider may be refunded
if a candidate is precluded from taking or scheduling the examination because
of extreme hardship. The new section requires the submission of a written
request for refund within thirty days of the examination date. The new section
states that an examination fee may not be transferred to a subsequent examination.
Changes to the amendments to section §5.51, as proposed include changing
the phrase "date of the scheduled examination" to "date the examination was
scheduled or intended to be scheduled" and adding "[a]pproval of the request
[for a refund] and refund of the fee or portion of the fee by the national
examination provider" as an additional condition for approving refunds of
examination fees.
As a result of the amendment, the policy regarding refunds of examination
fees will be readily available to persons who might be affected by the policy.
The board received no comments pertaining to the proposal to amend this
section.
The amendment to this section is adopted pursuant to Section
1051.303 of Tex. Occupations Code Annotated ch. 1051, which directs the Texas
Board of Architectural Examiners to adopt a comprehensive refund policy for
examination fees.
§5.51.Requirements.
(a)
Every Applicant for interior design registration by examination
in Texas must successfully complete all sections of the National Council for
Interior Design Qualification (NCIDQ) examination.
(b)
The Board may approve an Applicant to take the NCIDQ examination
only after the Applicant has completed the educational requirements for interior
design registration by examination in Texas, has completed at least six (6)
months of full-time experience working directly under the direct supervision
of a licensed interior designer, and has submitted the required application
materials.
(c)
An Applicant may take the NCIDQ examination at any official
NCIDQ testing center but must satisfy all Texas registration requirements
in order to obtain interior design registration by examination in Texas.
(d)
Each Candidate must achieve a passing score in each division
of the NCIDQ examination. Scores from individual divisions may not be averaged
to achieve a passing score.
(e)
An examination fee may be refunded as follows:
(1)
The application fee paid to the Board is not refundable
or transferable.
(2)
The Board, on behalf of a Candidate, may request a refund
of a portion of the examination fee paid to the national examination provider
for scheduling all or a portion of the registration examination. A charge
for refund processing may be withheld by the national examination provider.
Refunds of examination fees are subject to the following conditions:
(A)
A Candidate, because of extreme hardship, must have been
precluded from scheduling or taking the examination or a portion of the examination.
For purposes of this subsection, extreme hardship is defined as a serious
illness or accident of the Candidate or a member of the Candidate’s
immediate family or the death of an immediate family member. Immediate family
members include the spouse, child(ren), parent(s), and sibling(s) of the Candidate.
Any other extreme hardship may be considered on a case-by-case basis.
(B)
A written request for a refund based on extreme hardship
must be submitted not later than thirty (30) days after the date the examination
or portion of the examination was scheduled or intended to be scheduled. Documentation
of the extreme hardship that precluded the applicant from scheduling or taking
the examination must be submitted by the Candidate as follows:
(i)
Illness: verification from a physician who treated the
illness.
(ii)
Accident: a copy of an official accident report.
(iii)
Death: a copy of a death certificate or newspaper obituary.
(C)
Approval of the request and refund of the fee or portion
of the fee by the national examination provider.
(3)
An examination fee may not be transferred to a subsequent
examination.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401972
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §5.55
The Texas Board of Architectural Examiners adopts new section
5.55 for Title 22, Chapter 5, Subchapter C, pertaining to special accommodations
for taking the registration examination for interior design registration in
Texas, as published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11212).
The section is being adopted without changes, and the text will not be
republished in the
Texas Register
.
New §5.55 describes the Board’s policy for ensuring that the
examination process complies with the requirements of the Americans with Disabilities
Act. It states that every registration examination must be conducted in an
accessible place and manner or alternative accessible arrangements must be
afforded so that no qualified individual with a disability is unreasonably
denied the opportunity to complete the licensure process because of his/her
disability; that special accommodations can be provided for examinees with
physical or mental impairments that substantially limit major life activities;
that available accommodations include the modification of examination procedures
and the provision of auxiliary aids and services designed to furnish an individual
with a disability an equal opportunity to demonstrate his/her knowledge, skills,
and ability; that the Board is not required to approve every request for accommodation
or auxiliary aid or provide every accommodation or service as requested; that
the Board is not required to grant a request for accommodation if doing so
would fundamentally alter the measurement of knowledge or the measurement
of a skill intended to be tested by the examination or would create an undue
financial or administrative burden; that the procedure for requesting accommodation
will be (1) for an applicant requesting an accommodation to submit documentation
regarding the existence of a disability and the reason the requested accommodation
is necessary to provide the applicant with an equal opportunity to exhibit
his/her knowledge, skills, and ability through the examination, (2) for an
applicant requesting an accommodation to have a licensed health care professional
or other qualified evaluator provide certification regarding the disability,
and (3) for an applicant seeking an accommodation to make a request for accommodation
on the prescribed form and provide documentation of the need for accommodation
well in advance of the examination date; that to support a request for an
accommodation or an auxiliary aid, the following information is required:
(1) identification of the type of disability (physical, mental, learning),
(2) information to substantiate the credentials of the evaluator, and (3)
professional verification of the disability and the required accommodation;
that documentation supporting an accommodation shall be valid for five (5)
years from the date submitted to the Board except that no further documentation
shall be required where the original documentation clearly states that the
disability will not change in the future; that the Board has the responsibility
to evaluate each request for accommodation and to approve, deny, or suggest
alternative reasonable accommodations; that the Board may consider an Applicant's
history of accommodation in determining its reasonableness in relation to
the currently identified impact of the disability; and that information related
to a request for accommodation shall be kept confidential to the extent provided
by law.
The board received no comments pertaining to the proposal to adopt this
new rule.
The new section is adopted pursuant to Section 1051.301 of Tex.
Occupations Code Annotated ch. 1051, which directs the Texas Board of Architectural
Examiners to adopt rules to ensure that examinations are administered in compliance
with the Americans with Disabilities Act of 1990.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401974
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §5.75, §5.76
The Texas Board of Architectural Examiners adopts amendments
to sections 5.75 and 5.76 for Title 22, Chapter 5, Subchapter D, pertaining
to renewal and reinstatement, as published in the December 19, 2003, issue
of the
Texas Register
(28 TexReg 11214).
The sections are being adopted with changes.
The sections describe the annual registration renewal procedure and the
procedure for reinstating a registration that has been revoked, surrendered,
or cancelled.
Changes to §5.75 involve removing text that differentiates "registration
by examination" from "registration by reexamination" and deleting references
to the requirement that the applicant complete the "current" registration
examination.
The amendment to §5.75 will implement recently enacted statutory language
regarding the automatic cancellation of any registration that is delinquent
for one year. It states that a registration shall be cancelled by operation
of law on the one-year anniversary of its expiration unless it is renewed
before that time and that after such automatic cancellation, a registration
may not be reinstated. If a registration is automatically cancelled pursuant
to the section, the registrant will have to (1) submit an application for
registration and satisfy all requirements for registration, including the
successful completion of the registration examination; (2) submit an application
for registration by reciprocal transfer and satisfy all requirements for registration
by reciprocal transfer, including the successful completion of the registration
examination; or (3) submit an application for registration and demonstrate
that he or she moved to another state and is currently registered and has
been in practice in the other state for at least the two years immediately
preceding the date of the application. The proposed amendments also will implement
recently enacted statutory language requiring interior designers to pay a
$200 professional fee in addition to the annual registration renewal fee prescribed
by the Board.
The change to §5.76 involves adding the phrase "by operation of law"
in subsection (f) of the section. The purpose of the change is to clarify
that the subsection applies only to cancellations that are effectuated by
operation of law rather than to all cancellations.
The amendment to §5.76 will implement recently enacted statutory language
regarding the reinstatement of a registration that has been revoked as a result
of disciplinary action, surrendered in lieu of disciplinary action, or cancelled
by operation of law due to the registrant’s failure to renew the registration.
It requires that a revoked or surrendered registration may not be reinstated
unless the applicant demonstrates that he or she has taken reasonable steps
to correct the misconduct or deficiency that led to the revocation or surrender,
demonstrates that approval of the application is not inconsistent with the
Board’s duty to protect the public, and pays all fees and costs incurred
by the Board as a result of any proceeding that led to the revocation or surrender.
It also states that a registration cancelled due to the registrant’s
failure to renew it may not be
The board received no comments pertaining to the proposal to amend these
sections.
The amendments are adopted pursuant to Section 1051.353 of the
Tex. Occupations Code, which directs the Texas Board of Architectural Examiners
to cancel a registration that has been delinquent for one year and prohibits
the reinstatement of a registration that was cancelled due to delinquency;
pursuant to Section 1051.403 of the Tex. Occupations Code, which allows the
Board to reinstate a revoked registration only after the reinstatement applicant
pays all fees and costs associated with the revocation and also presents evidence
to support the reinstatement; and pursuant to Section 1053.0521 of the Tex.
Occupations Code, which prescribes a mandatory $200 professional fee for interior
designers.
§5.75.Annual Renewal Procedure.
(a)
The Board shall send an annual registration renewal notice
to each Interior Designer at the Interior Designer's current address of record.
An Interior Designer must notify the Board in writing each time the Interior
Designer's address of record changes, and the written notice of the Interior
Designer's change of address must be signed by the Interior Designer and submitted
to the Board within sixty (60) days of the effective date of the change of
address.
(b)
An Interior Designer may renew his/her registration prior
to its specified annual expiration date by:
(1)
remitting the correct fee to the Board; and
(2)
providing the information or documentation requested by
the annual registration renewal notice and signing the renewal form to verify
the accuracy of all information and documentation provided.
(c)
If an Interior Designer fails to remit a completed registration
renewal form and the prescribed fee on or before the specified expiration
date of the Interior Designer's registration, the Board shall impose a late
payment penalty that must be paid before the Interior Designer's registration
may be renewed.
(d)
If the Board receives official notice that an Interior
Designer has defaulted on the repayment of a loan guaranteed by the Texas
Guaranteed Student Loan Corporation (TGSLC), the Board may not renew the Interior
Designer's registration unless:
(1)
the renewal is the first renewal following the Board's
receipt of official notice regarding the default;
(2)
the Interior Designer presents to the Board a certificate
from TGSLC certifying that the Interior Designer has entered into a repayment
agreement for the defaulted loan; or
(3)
the Interior Designer presents to the Board a Certificate
from TGSLC certifying that the Interior Designer is not in default on a loan
guaranteed by TGSLC.
(e)
If the Board receives official notice that an Interior
Designer has failed to pay court ordered child support, the Board may be prohibited
from renewing the Interior Designer's registration.
(f)
If a registration is not renewed within one (1) year after
the specified registration expiration date, the registration shall be cancelled
by operation of law on the one-year anniversary of its expiration without
an opportunity for a formal hearing. If a registration is cancelled pursuant
to this subsection, the registration may not be reinstated. In order to obtain
a new certificate of registration, a person whose registration was cancelled
pursuant to this subsection must:
(1)
submit an application for registration and satisfy all
requirements for registration pursuant to Section 5.31, including the successful
completion of the registration examination;
(2)
submit an application for registration by reciprocal transfer
and satisfy all requirements for registration by reciprocal transfer pursuant
to Section 5.32, including the successful completion of the registration examination;
or
(3)
submit an application for registration and demonstrate
that he/she moved to another state and is currently licensed or registered
and has been in practice in the other state for at least the two (2) years
immediately preceding the date of the application.
(g)
Each Interior Designer must pay a mandatory $200 professional
fee in addition to the annual registration renewal fee prescribed by the Board.
§5.76.Reinstatement.
(a)
Once the revocation, cancellation, or surrender of an Interior
Designer's registration is effective, the registration may be reinstated only
after an application for reinstatement is properly submitted and approved
and the prescribed reinstatement fee is paid.
(b)
If a reinstatement Applicant has used the title "interior
designer" or the term "interior design" in violation of the Interior Designers'
Registration Law since the effective date of the revocation, cancellation,
or surrender of the Applicant's registration, the reinstatement fee to be
paid upon approval of the application shall include an amount equal to the
sum of the registration renewal fees for each year since the effective date
of the revocation, cancellation, or surrender.
(c)
An application for reinstatement may be denied on the following
grounds:
(1)
the registration has been revoked for a continuous period
of five (5) years or longer; or
(2)
the reinstatement Applicant has performed an act, omitted
an act or allowed an omission, or otherwise engaged in a practice that could
serve as the basis for the rejection of an application for registration or
for the revocation of a registration; or
(3)
the registration was voluntarily surrendered in lieu of
potential disciplinary action and the Board finds that the approval of the
reinstatement application does not appear to be in the public's interest.
(d)
If at least five (5) years have passed since the effective
date of the revocation, cancellation, or surrender of a registration, one
of the following shall be required prior to approval of an application for
reinstatement:
(1)
successful completion of all sections of the current registration
examination during the five (5) years immediately preceding reinstatement;
or
(2)
verification that the Applicant currently holds an interior
design registration that is active and in good standing in another jurisdiction
where the registration requirements are substantially equivalent to Texas
interior design registration requirements.
(e)
If a registration was revoked as a result of disciplinary
action or surrendered in lieu of disciplinary action, the registration shall
not be reinstated unless the Applicant:
(1)
demonstrates that the Applicant has taken reasonable steps
to correct the misconduct or deficiency that led to the revocation or surrender;
(2)
demonstrates that approval of the application is not inconsistent
with the Board’s duty to protect the public by ensuring that registrants
are duly qualified and fit for registration; and
(3)
pays all fees and costs incurred by the Board as a result
of any proceeding that led to the revocation or surrender.
(f)
If a registration is cancelled by operation of law due
to the Registrant’s failure to renew the registration within one (1)
year after its designated expiration date, the registration may not be reinstated.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401973
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
22 TAC §5.91, §5.92
The Texas Board of Architectural Examiners adopts amendments
to Sections 5.91 and 5.92 for Title 22, Chapter 5, Subchapter E, pertaining
to fees, as published in the December 19, 2003, issue of the
Texas Register
(28 TexReg 11215).
Section 5.91 is being adopted without changes, and the text will not be
republished in the
Texas Register
. Section
5.92 is being adopted with changes
The existing sections describe the method of establishing fees, the amounts
of fees, the requirements related to paying fees, and the consequences of
failing to pay the annual registration renewal fee.
The amendment to Section 5.91 adds the agency’s fee schedule to the
section, clarifies that cash will not be accepted as payment for any fee,
adds a reference to a processing fee to be charged if a check is returned
unpaid by the bank upon which the check is drawn, and describes a fee exemption
for members of the U.S. military who are on active duty status.
One change to the proposed amendment to §5.92 involves replacing the
sentence "[a] registration certificate shall become invalid on its designated
expiration date unless it is renewed" with "[a] person whose certificate of
registration has expired may not engage in activities that require registration
until the certificate of registration has been renewed" in Subsection (b).
The other change replaces "registrant" with "Registrant" to denote a defined
term. The amendment to Section 5.92 describes an automatic cancellation provision
enacted by the Legislature that will result in the automatic cancellation
of any registration that remains delinquent for one year after its designated
expiration date.
The Board received one comment pertaining to the proposal to amend these
sections. The comment suggested that the Board should consider exempting members
of the military from having to submit annual renewal forms when they are on
active duty in a combat situation. The Board declined to take action to implement
the suggestion because of the importance of maintaining current information
related to all registrants.
The amendments are adopted pursuant to Section 1053.052 of the
Tex. Occupations Code, which provides the Texas Board of Architectural Examiners
with authority to establish fees as reasonable and necessary to cover the
costs of administering its statutory duties, and pursuant to Sections 1051.353
and 1051.354 of the Tex. Occupations Code, which provide authority for the
subsections regarding the automatic cancellation of registrations and the
fee exemptions for members of the U.S. military.
§5.92.Annual Fees.
(a)
The Board shall send an annual notice to each person who
must pay a fee that is due annually. Each annual notice shall be sent to the
intended recipient's current address of record. Every annual fee must be paid
regardless of whether an annual notice is received.
(b)
Every Registrant must pay his/her annual renewal fee on
or before the designated expiration date of the Registrant’s certificate
of registration. If a Registrant fails to pay his/her annual renewal fee on
or before the designated expiration date of the Registrant’s certificate
of registration, the Board shall require that the Registrant pay a penalty
fee in addition to the registration renewal fee before the registration may
be renewed. A person whose certificate of registration has expired may not
engage in activities that require registration until the certificate of registration
has been renewed.
(c)
If a Registrant fails to renew his/her certificate of registration
within one year after its designated expiration date, the certificate of registration
shall be cancelled by operation of law without the opportunity for a formal
hearing. The Board shall send a notice of pending cancellation to a Registrant
who fails to renew his/her certificate of registration within one year after
its designated expiration date. The notice shall be sent to the Registrant’s
current address of record.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2004.
TRD-200401975
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 305-8535
Chapter 501.
RULES OF PROFESSIONAL CONDUCT
Subchapter C. RESPONSIBILITIES TO CLIENTS
22 TAC §501.72
The Texas State Board of Public Accountancy adopts an amendment
to §501.72, concerning Contingency Fees without changes to the proposed
text as published in the January 30, 2004, issue of the
Texas Register
(29 TexReg 756). The text of the rule will not be republished.
The amendment to §501.72 will bring the board's rule into conformity
with the contingent fee arrangements that are allowed by the Securities and
Exchange Commission's rules, clarifies contingent fees and tax returns.
The amendment will function by bringing the board's rule into conformity
with the Securities and Exchange Commission's rules.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 18, 2004.
TRD-200402027
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
22 TAC §501.78
The Texas State Board of Public Accountancy adopts new §501.78,
concerning Withdrawal or Resignation without changes to the proposed text
as published in the January 30, 2004, issue of the
Texas Register
(29 TexReg 757). The text of the rule will not be republished.
The new rule will give licensees guidance as to when they must withdraw
from an engagement or employment.
The new rule will function by giving licensees guidance from the board
as to when they must withdraw from an engagement or employment.
No comments were received regarding adoption of the rule.
The new rule is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 18, 2004.
TRD-200402028
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy adopts the repeal of Chapter
523, Subchapter A: §523.1, concerning CPE Purpose and Definitions; §523.2,
concerning Standards for CPE Program Development; §523.3, concerning
Savings Provisions and Dispositions Table; Subchapter B: §523.21, concerning
Establishment of Mandatory CPE Program; §523.22, concerning Mandatory
CPE Reporting; §523.23, concerning Mandatory CPE Attendance; §523.24,
concerning Denial of a License; §523.25, concerning Disciplinary Actions
Relating to CPE; §523.26, concerning Credits for Instructors and Discussion
Leaders; §523.27, concerning Credits for Published Articles and Books; §523.28,
concerning Minimum Hours Required Per CPE Reporting Period as a Participant; §523.29,
concerning Limitation for Non-Technical Courses; §523.30, concerning
Alternative Sources of CPE; §523.31, concerning Standards for CPE Reporting; §523.32,
concerning CPE for non-CPA Owners; §523.34, concerning Course Content
and Board Approval after September 1, 2003; Subchapter C: §523.41, concerning
Board Rules and Ethics Course; §523.43, concerning Course Content and
Board Approval; Subchapter D: §523.51, concerning Program Standards; §523.52,
concerning Evaluation; §523.53, concerning Program Time Credit Measurement; §523.54,
concerning Sponsor's Record; §523.55, concerning Board Contracted CPE
Sponsors; §523.56, concerning Obligations of the Sponsor; §523.57,
concerning Registry of CPE Sponsors; and §523.58, concerning Sponsor
Review Oversight Program without changes to the proposal as published in the
January 30, 2004, issue of the
Texas Register
(29
TexReg 757).
The repeal of §§523.1 - 523.3, 523.21 - 523.32, 523.34, 523.41,
523.43 and 523.51 - 523.58 will remove these rules so they can be replaced
with re-written and renumbered rules.
The repeals will function by replacing these rules with re-written and
renumbered rules.
No comments were received regarding adoption of these repeals.
Subchapter A. CONTINUING PROFESSIONAL EDUCATION PURPOSE AND DEFINITIONS
22 TAC §§523.1 - 523.3
The repeals are adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.411 which authorizes the board to adopt rules regarding
continuing professional education.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 18, 2004.
TRD-200402029
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
22 TAC §§523.21 - 523.32, 523.34
The repeals are adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.411 which authorizes the board to adopt rules regarding
continuing professional education.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 18, 2004.
TRD-200402030
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
22 TAC §523.41, §523.43
The repeals are adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.411 which authorizes the board to adopt rules regarding
continuing professional education.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 18, 2004.
TRD-200402031
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
22 TAC §§523.51 - 523.58
The repeals are adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.411 which authorizes the board to adopt rules regarding
continuing professional education.
No other article, statute or code is affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 18, 2004.
TRD-200402032
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
Subchapter A. CONTINUING PROFESSIONAL EDUCATION PURPOSE AND DEFINITIONS
22 TAC §§523.101 - 523.103
The Texas State Board of Public Accountancy adopts new rules §523.101
concerning Savings Provisions and Dispositions Table, §523.102 concerning
CPE Purpose and Definitions and §523.103 concerning Standards for CPE
Program Development in Chapter 523, Subchapter A without changes to the proposed
text as published in the January 30, 2004, issue of the
Texas Register
(29 TexReg 759). The text of the rules will not be republished.
The new rules are adopted for renumbering purposes and, because the CPE
rules are being repealed and renumbered, to correct references to section
numbers. New §523.101 contains a chart showing the disposition of the
rules under the new numbering system. New §523.102 corrects one typographical
error from the original rule, by changing the word "reasonable" to "reasonably".
The new rules will function by correcting references to section numbers,
renumbering the rules and correcting one typographical error.
No comments were received regarding adoption of the rules.
The new rules are adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.411 which authorizes the board to promulgate rules regarding
continuing professional education.
No other article, statute or code is affected by these adoptions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 18, 2004.
TRD-200402033
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
22 TAC §§523.110 - 523.121
The Texas State Board of Public Accountancy adopts new rules §523.110
concerning Establishment of Mandatory CPE Program; §523.111 concerning
Mandatory CPE Reporting; §523.112 concerning Mandatory CPE Attendance; §523.113
concerning Denial of a License; §523.114 concerning Disciplinary Actions
Relating to CPE; §523.115 concerning Credits for Instructors and Discussion
Leaders; §523.116 concerning Credits for Published Articles and Books; §523.117
concerning Minimum Hours Required Per CPE Reporting Period as a Participant; §523.118
concerning Limitation for Non-Technical Courses; §523.119 concerning
Alternative Sources of CPE; §523.120 concerning Standards for CPE Reporting
and §523.121 concerning CPE for non-CPA Owners in Chapter 523, Subchapter
B without changes to the proposed text as published in the January 30, 2004,
issue of the
Texas Register
(29 TexReg 761).
The text of the rules will not be republished.
Sections 523.110 through 523.121 are adopted for renumbering purposes and,
because the CPE rules are being repealed and renumbered, to correct references
to section numbers. New §523.101 contains a chart showing the disposition
of the rules under the new numbering system. In addition, the effective date
of §523.112 is changed to December 31, 2005.
The new rules will function by correcting references to section numbers,
renumbering the rules and §523.112 will have an implementation date that
allows adequate time for preparation.
No comments were received regarding adoption of the rules.
The new rules are adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.411 which authorizes the board to promulgate rules regarding
continuing professional education.
No other article, statute or code is affected by these adoptions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 18, 2004.
TRD-200402034
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 7, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 305-7848
Subchapter B. ELIGIBILITY FOR REGISTRATION
Subchapter C. EXAMINATION
Subchapter D. CERTIFICATION AND ANNUAL RENEWAL
Subchapter E. FEES
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter B. ELIGIBILITY FOR REGISTRATION
Subchapter C. EXAMINATION
Subchapter D. CERTIFICATION AND ANNUAL RENEWAL
Subchapter E. FEES
Chapter 5.
INTERIOR DESIGNERS
Subchapter C. EXAMINATION
Subchapter D. CERTIFICATION AND ANNUAL RENEWAL
Subchapter E. FEES
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 523.
CONTINUING PROFESSIONAL EDUCATION
Subchapter B. CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS
Subchapter C. ETHICS RULES: INDIVIDUALS AND SPONSORS
Subchapter D. STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS
Chapter 523.
CONTINUING PROFESSIONAL EDUCATION
Subchapter B. CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS
Subchapter C. ETHICS RULES: INDIVIDUALS AND SPONSORS