Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter A. SCOPE; DEFINITIONS
22 TAC §1.5
The Texas Board of Architectural Examiners adopts an amendment
to §1.5 of Chapter 1, Subchapter A, pertaining to defined terms. The
proposal to amend this rule was published in the December 23, 2005, edition
of the
Texas Register
(30 TexReg 8570). The
amendment is being adopted without changes, and the text will not be republished.
The amendment revises the definition of the term "practice of architecture"
to incorporate changes made to the statutory definition of the term by the
79th Legislature. The amendment also defines the term "regulatory approval"
for purposes of the rules. The amendment also deletes the definition of the
term "architect of record" to conform the rule to revisions the board proposes
to the only rule that includes the term. The amendment corrects statutory
cross-references and revises the defined terms "chairman" and "vice-chairman"
to "chair" and "vice-chair." The amendment generally updates the rule to reflect
statutory changes and changes to other rules.
The revised definition of "practice of architecture" will reflect the definition
of the term as adopted by the 79th Legislature. It will also specify which
of the listed activities may be performed by one who is not an architect which
also reflects a legislative change. By defining the term "regulatory approval"
the amended rule will provide greater direction regarding the use of the architectural
seal to architects and governmental entities that review and approve architectural
plans. Architects must affix a seal to plans that are issued for regulatory
approval in addition to other purposes. In the past, the board received notice
from registrants who indicated that it was unclear whether plans were subject
to regulatory approval under certain circumstances. Repealing the definition
for "architect of record" would eliminate confusion. Pursuant to another proposed
rule change, the term will no longer appear in the rules. Thus, the definition
would be superfluous. The revisions of the terms "chairman" and "vice-chairman"
reflect a trend toward using titles that do not imply gender. The public would
benefit by correcting the statutory cross-references to reflect changes made
in the codification process. Without these changes, the public may be confused
or misinformed by referring to obsolete statutes. The amendment will have
no impact on small business.
The agency received one comment from an individual who was concerned about
expert witnesses who are not architects but who testify on architectural matters.
After reviewing the law, the commenter agreed with the agency that the definition
of the term "practice of architecture" could not list testifying as an expert
as an aspect of the practice that may be performed only by registered architects.
The amendment is adopted pursuant to §1051.202, Texas Occupations
Code Annotated, which provides the Texas Board of Architectural Examiners
with authority to promulgate rules, including rules related to the practice
of architecture and the administration of Subtitle B of Title 6 of the Texas
Occupations Code.
The amendment, in part, implements §1051.001(7), Texas Occupations
Code.
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 10, 2006.
TRD-200601552
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 30, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8535
22 TAC §1.21
The Texas Board of Architectural Examiners adopts an amendment
to §1.21 of Chapter 1, Subchapter B, pertaining to registration by examination.
The proposal to amend this rule was published in the December 23, 2005, edition
of the
Texas Register
(30 TexReg 8572). The
amendment is being adopted without changes, and the text will not be republished.
The amendment allows for the architectural registration of graduates from
an architectural program that becomes accredited within two years after they
graduate. The amendment allows for registration of candidates who were enrolled
in a program while it was under evaluation for accreditation and subsequently
was found to be worthy of accreditation. Those who receive an architectural
education from a program that is ultimately determined to be worthy of accreditation
would receive the benefit of that accreditation in seeking registration. The
amendment would make the rule more equitable in that students who are enrolled
in a program while it is under review would receive the benefit of accreditation
based upon that review. Under the current rule, only subsequent students would
receive the benefit of accreditation, notwithstanding the fact that the program
would likely be no better than it was when it was under review for accreditation.
The amendment will have no impact on small business.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.705,
Texas Occupations Code Annotated which provide the Texas Board of Architectural
Examiners with general authority to promulgate rules and discretion to approve
the colleges or universities of architecture that provide acceptable education
for registration as an architect.
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 10, 2006.
TRD-200601553
Cathy L. Henricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 30, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8535
22 TAC §1.121
The Texas Board of Architectural Examiners adopts an amendment
to §1.121 of Chapter 1, Subchapter G, pertaining to compliance and enforcement.
The proposal to amend this rule was published in the December 23, 2005, edition
of the
Texas Register
(30 TexReg 8573). The
amendment is being adopted without changes, and the text will not be republished.
The amendment restates the term "practice of architecture" as used in the
section in upper case and thereby designates it as a term defined by rule.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202, Texas Occupations
Code Annotated, which grants authority to the Board to adopt rules necessary
to administer or enforce the Architects' Registration Law.
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 10, 2006.
TRD-200601554
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 30, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §3.5
The Texas Board of Architectural Examiners adopts an amendment
to §3.5 of Chapter 3, Subchapter A, pertaining to defined terms. The
proposal to amend this rule was published in the December 23, 2005, edition
of the
Texas Register
(30 TexReg 8576). The
amendment is being adopted without changes, and the text will not be republished.
The amendment deletes the definition of the term "landscape architect of
record" to conform to a proposed rule change which would eliminate the term
from the rules. Because the term will no longer be used, it will be unnecessary
for the rules to include a definition of it. The amendment also defines the
term "regulatory approval" for purposes of the rules. "Regulatory approval"
will mean the approval by a governmental entity of landscape architectural
plans and specification for construction or occupancy. The sealing rules and
other requirements are triggered by the issuance of plans and specifications
for permit, regulatory approval, or construction. The purpose of the definition
is to clarify the circumstances that constitute regulatory approval for purposes
of those requirements. Also the rule amendment changed the defined terms "chairman"
and "vice-chairman" to "chair" and "vice-chair" in order to make the title
for those offices gender neutral.
The rule as amended will give registrants and the public specific direction
regarding the circumstances under which landscape architectural seals must
be applied to plans and specifications. The repeal of a definition for a term
that likely will soon be eliminated from the rules will make the rules less
confusing. Changing the presiding officers’ titles to chair and vice-chair
would acknowledge that either gender may serve as these officers. The amendment
will have no impact on small business.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 of the Texas
Occupations Code Annotated, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules, including rules related to the
practice of landscape architecture.
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 10, 2006.
TRD-200601557
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 30, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8535
22 TAC §3.21
The Texas Board of Architectural Examiners adopts an amendment
to §3.21 of Chapter 3, Subchapter B, pertaining to registration by examination.
The proposal to amend this rule was published in the December 23, 2005, edition
of the
Texas Register
(30 TexReg 8577). The
amendment is being adopted without changes, and the text will not be republished.
The amendment allows for the registration of graduates from a landscape
architecture program that becomes accredited within two years after they graduate.
The amendment allows for registration of candidates who were enrolled in a
program while it was under evaluation for accreditation and subsequently was
found to be worthy of accreditation. Those who receive a landscape architectural
education that is ultimately determined to be worthy of accreditation would
receive the benefit of that accreditation in seeking registration. The amendment
would make the rule more equitable.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1052.154(a)(1),
Texas Occupations Code Annotated which provide the Texas Board of Architectural
Examiners with general authority to promulgate rules and authority to recognize
and approve landscape architectural programs which render education acceptable
for registration as a landscape architect.
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 10, 2006.
TRD-200601558
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 30, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8535
22 TAC §3.121
The Texas Board of Architectural Examiners adopts an amendment
to §3.121 of Chapter 3, Subchapter G, pertaining to compliance and enforcement.
The proposal to amend this rule was published in the December 23, 2005, edition
of the
Texas Register
(30 TexReg 8578). The
amendment is being adopted without changes, and the text will not be republished.
The amendment replaces the term "landscape architecture" with the term
"Landscape Architecture" to create a cross-reference to the definition of
the term for purposes of Chapter 3. The amendment will more clearly reference
the board’s definition of the term "landscape architecture" which will
help specify the intent of the rule.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 of Texas
Occupations Code Annotated which provide the Texas Board of Architectural
Examiners with authority to promulgate rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 10, 2006.
TRD-200601559
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 30, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
Subchapter B. ELIGIBILITY FOR REGISTRATION
Subchapter G. COMPLIANCE AND ENFORCEMENT
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter B. ELIGIBILITY FOR REGISTRATION
Subchapter G. COMPLIANCE AND ENFORCEMENT
Chapter 5.
INTERIOR DESIGNERS