Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Subchapter C. EXAMINATION
The Texas Board of Architectural Examiners adopts an amendment to §1.52 for Title 22, Chapter 1, Subchapter C pertaining to a scholarship awarded to eligible architectural candidates to help defray the costs of the architectural registration examination pursuant to §1051.653, Texas Occupations Code Annotated. The proposal to amend this rule was published in the March 23, 2007, edition of the Texas Register (32 TexReg 1692). The amendment is being adopted without changes, and the text will not be republished.
The reason for the amendment is to limit the scholarship to those who are more clearly established as Texas residents and require candidates to apply for the scholarship within a reasonable time after passing the examination. The amendment limits the scholarship to candidates who have passed the architectural registration examination within 12 months prior to applying for the scholarship. There are also technical amendments made to update a statutory cross-reference and maintain consistent references to the board. Section 1.52 limits eligibility for the scholarship to those who have resided in Texas for 12 months. As amended, eligibility will be restricted to those who have resided in Texas for 18 months.
The agency received no comments concerning the proposal to amend this rule.
The amended rule is adopted pursuant to §1051.202 and §1051.653 of Texas Occupations Code Annotated which provide the Texas Board of Architectural Examiners with authority to adopt rules to administer and enforce its enabling legislation and to administer the award of scholarships, respectively.
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 June 28, 2007.
TRD-200702730
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 18, 2007
Proposal publication date: March 23, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners (board) adopts an amendment to §1.144 of Title 22, Chapter 1, Subchapter H, pertaining to dishonest practice. The proposal to amend this rule was published in the December 29, 2006, edition of the Texas Register (31 TexReg 10504). The amendment is being adopted with changes.
The board made the following changes to §1.144(b) as proposed: As amended the adoption does not repeal a requirement that each architect include his or her registration number in certain advertisements of architectural services. As amended, the requirement remains in the adopted rule and the rule is unchanged.
The reason for the adopted amendment is to bar architects from seeking to be selected to render public work on the basis of the amount or the extent of goods and services granted to governmental entities. The prohibition upon rendering gratuitous goods and services during the procurement process is intended to secure the selection of design professionals upon qualifications and merit. The adopted amendment prohibits architects from giving plans, design services, or other goods and services to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select an architect to render publicly funded architectural work. The adopted amendment also specifies that an architect is subject to discipline for knowingly giving false testimony or receiving payment to render a particular opinion when serving as an expert witness.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.001(7)(F), Texas Occupations Code Annotated, which defines the term "practice of architecture" to include providing expert testimony for purposes of Chapter 1051, Texas Occupations Code Annotated, relating to the regulation of architecture; §1051.208, Texas Occupations Code Annotated, which requires the Board to adopt by rule standards of conduct for its registrants; and §1051.202, Texas Occupations Code Annotated, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities.
§1.144.Dishonest Practice.
(a) An Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:
(1) defraud,
(2) deceive, or
(3) create a misleading impression.
(b) An Architect may not advertise in a manner which is false, misleading, or deceptive. Each advertisement that offers the service of an Architect in Texas and is found in a telephone directory, e-mail directory, web site, or newspaper must clearly display that Architect's Texas architectural registration number. If an advertisement is for a business that employs more than one Architect, only the Texas architectural registration number for one Architect employed by the firm or associated with the firm pursuant to section 1.122 is required to be displayed.
(c) An Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded architectural work. An Architect may not give architectural plans, design services, pre-bond referendum services, or any other goods or services to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select an Architect to render publicly funded architectural work.
(d) An Architect serving as an expert witness is subject to discipline for committing a dishonest practice upon a finding by a court of law that the Architect:
(1) rendered testimony the Architect has actual knowledge is false; or
(2) agreed to receive payment contingent upon giving testimony that expresses a particular opinion.
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 June 28, 2007.
TRD-200702732
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 18, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §1.212 for Title 22, Chapter 1, Subchapter K, pertaining to the services of a prime design professional in the design of certain publicly owned buildings. The proposal to amend this rule was published in the March 23, 2007, edition of the Texas Register (31 TexReg 1693). The amendment is being adopted without changes, and the text will not be republished.
The reason for the adopted amendment is to clarify that a person selected to serve as a prime design professional is not thereby permitted to practice outside the scope of his or her licensed profession in rendering architectural services on the projects listed in §1051.703(a). Section 1051.703(a), Texas Occupations Code Annotated, requires an architect to prepare the architectural plans and specifications for certain buildings owned by the state or a political subdivision of the state. Section 1051.703(b), Texas Occupations Code Annotated, reads "this section does not prohibit an owner of a building from choosing an architect or engineer as the prime design professional for a building construction, alteration, or addition project."
The agency received no comments concerning the proposal to amend this rule.
The amended rule is adopted pursuant to §1051.202 and §1051.208 of Texas Occupations Code Annotated which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to the standards of the practice of architecture, prohibitions upon the unlicensed practice of architecture and which require architectural plans and specifications for certain publicly owned buildings to be prepared by 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 June 28, 2007.
TRD-200702733
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 18, 2007
Proposal publication date: March 23, 2007
For further information, please call: (512) 305-8544
Subchapter H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners adopts an amendment to §3.144 of Title 22, Chapter 3, Subchapter H, pertaining to dishonest practice. The proposal to amend this rule was published in the December 29, 2006, edition of the Texas Register (31 TexReg 10507). The amendment is being adopted with changes.
The board made the following changes to §3.144(b) as proposed: As proposed, the section would have been amended to repeal a requirement that landscape architects include a registration number in certain advertising of landscape architecture. As amended, there is no change to §3.144(b). The requirement remains in place.
The reason for the amendment is to bar landscape architects from seeking to be selected to render public work on the basis of the amount or the extent of goods and services granted to governmental entities. The prohibition upon rendering gratuitous goods and services during the procurement process is intended to secure the selection of design professionals upon qualifications and merit. The amendment prohibits landscape architects from giving plans, design services, or other goods and services to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select a landscape architect to render publicly funded landscape architectural work.
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 provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities and §1051.208, Texas Occupations Code Annotated, which requires the Board to adopt by rule standards of conduct for its registrants.
§3.144.Dishonest Practice.
(a) A Landscape Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:
(1) defraud,
(2) deceive, or
(3) create a misleading impression.
(b) A Landscape Architect may not advertise in a manner which is false, misleading, or deceptive. Each advertisement that offers the service of a Landscape Architect in Texas and is found in a telephone directory, e-mail directory, web site, or newspaper must clearly display that Landscape Architect's Texas landscape architectural registration number. If an advertisement is for a business that employs more than one Landscape Architect, only the Texas landscape architectural registration number for one Landscape Architect employed by the firm or associated with the firm pursuant to §3.122 is required to be displayed.
(c) A Landscape Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded landscape architectural work. A Landscape Architect may not give landscape architectural plans, design services, pre-bond referendum services, or any other goods or services to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select a Landscape Architect to render publicly funded landscape architectural work.
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 June 28, 2007.
TRD-200702734
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 18, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
Subchapter H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners (board) adopts an amendment to §5.154 of Title 22, Chapter 5, Subchapter H, pertaining to dishonest practice. The proposal to amend this rule was published in the December 29, 2006 edition of the Texas Register (31 TexReg 10508). The amendment is being adopted with changes.
The board made the following changes to §5.154(b) as proposed: As proposed, the amendment would have repealed a requirement that interior designers include a registration number in certain advertising of interior design services. As amended, that requirement is not repealed and remains in effect. There is no amendment to §5.154(b).
The reason for the adopted amendment is to bar interior designers from seeking to be selected to render public work on the basis of the amount or the extent of goods and services granted to governmental entities. The prohibition upon rendering gratuitous goods and services during the procurement process is intended to secure the selection of design professionals upon qualifications and merit. The adopted amendment prohibits interior designers from giving plans, design services, or other goods and services to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select an interior designer to render publicly funded interior design work.
The agency received no comments concerning the proposal to amend this rule.
The amendments are adopted pursuant to §1051.202, Texas Occupations Code Annotated, which provides the board with general authority to promulgate rules necessary for the administration of its statutory responsibilities and §1051.208, Texas Occupations Code Annotated, which requires the board to adopt by rule standards of conduct for its registrants.
§5.154.Dishonest Practice.
(a) An Interior Designer may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:
(1) defraud,
(2) deceive, or
(3) create a misleading impression.
(b) An Interior Designer may not advertise in a manner which is false, misleading, or deceptive. Each advertisement that offers the services of an Interior Designer in Texas and is found in a telephone directory, e-mail directory, web site, or newspaper must clearly display that Interior Designer's Texas interior design registration number. If an advertisement is for a business that employs more than one Interior Designer, only the Texas interior design registration number for one Interior Designer employed by the firm or associated with the firm pursuant to section 5.132 is required to be displayed.
(c) An Interior Designer may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded interior design work. An Interior Designer may not give Interior Design plans, design services, pre-bond referendum services, or any other goods or services to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select an Interior Designer to render publicly funded interior design work.
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 June 28, 2007.
TRD-200702735
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 18, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §7.10 for Title 22, Chapter 7, pertaining to fees charged by the agency. The proposal to amend this rule was published in the February 16, 2007 edition of the Texas Register (32 TexReg 605). The amendment is being adopted with changes.
The board made the following changes to §7.10 as proposed: a fee is imposed for renewal of emeritus registration for landscape architects and interior designers, the period for payment of expired fees is prolonged to two years from one. Both these changes implement recently adopted legislation. The fees for non-resident registrants remain the same and are not reduced as proposed. The rule is updated to reflect changes in examination fees which are imposed by the examination providers under contract with the agency.
The reason for the adopted amendment is to reduce the fees charged for renewal of registration, to reduce the fee charged for duplicate registration certificates, and to eliminate the fee charged for a duplicate pocket card certificate in order to align the agency's revenue with its reduced expenditures resulting from automation of agency functions and more efficient agency operations. The amendment increases the charges for the Landscape Architecture Registration Examination and the examination for registration as an interior designer because these fees are set by the examination providers which contract with the agency.
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 the Board general authority to adopt rules to administer or enforce its enabling legislation; §1051.351, Texas Occupations Code Annotated, which requires payment of a renewal fee to renew a certificate of registration issued by the Board; §1051.357, Texas Occupations Code, which allows the Board to charge a registration renewal fee to an emeritus architect in an amount reasonable and necessary to recover the costs to administer emeritus registration; §1051.651, Texas Occupations Code Annotated, which allows the Board to set architectural registration renewal fees in an amount reasonable and necessary to cover administrative costs; §1052.054, Texas Occupations Code Annotated, which allows the Board to set a fee for board action, including renewal of landscape architectural registration renewal, in an amount reasonable and necessary to cover administrative costs of carrying out and enforcing laws relating to landscape architecture; and §1053.052, Texas Occupations Code Annotated, which allows the Board to set fees, including interior design registration renewal fees, in an amount reasonable and necessary to cover administrative costs of carrying out and enforcing laws relating to interior design.
§7.10.General Fees.
(a) FAILURE TO TIMELY PAY A REGISTRATION RENEWAL WILL RESULT I N THE AUTOMATIC CANCELLATION OF REGISTRATION BY OPERATION OF LAW.
(b) Effective September 1, 2007, the following fees shall apply to services provided by the Board in addition to any fee established elsewhere by the rules and regulations of the Board or by Texas law:
(c) The Board cannot accept cash as payment for any fee.
(d) An official postmark from the U.S. Postal Service or other delivery service receipt may be presented to the Board to demonstrate the timely payment of any fee.
(e) If a check is submitted to the Board to pay a fee and the bank upon which the check is drawn refuses to pay the check, the fee shall be considered unpaid and any applicable late fees or other penalties accrue. The Board shall impose a processing fee for any check that is returned unpaid by the bank upon which the check is drawn.
(f) A Registrant who is in Good Standing or was in Good Standing at the time the Registrant entered into military service shall be exempt from the payment of any fee during any period of active duty service in the U.S. military. The exemption under this subsection shall continue through the remainder of the fiscal year during which the Registrant's active duty status expires.
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 June 28, 2007.
TRD-200702736
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 18, 2007
Proposal publication date: February 16, 2007
For further information, please call: (512) 305-8544
Chapter 573. RULES OF PROFESSIONAL CONDUCT
Subchapter G. OTHER PROVISIONS
The Texas Board of Veterinary Medical Examiners adopts new §573.77 concerning Cease and Desist Procedures without changes to the proposed text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1195). The section reflects an amendment by the 79th Legislature to the Veterinary Licensing Act (Chapter 801, Occupations Code), which provides that the Governor shall appoint the presiding officer of the Board. Previously, the Board elected its president, along with the secretary and vice-president.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of §801.151(a) of the Veterinary Licensing Act, Occupations Code, which gives the Board authority to adopt rules necessary to administer the Act.
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 June 29, 2007.
TRD-200702738
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 19, 2007
Proposal publication date: March 9, 2007
For further information, please call: (512) 305-7563
The Texas Board of Veterinary Medical Examiners adopts amendments to §575.25 concerning Recommended Schedule of Sanctions without changes to the proposed text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1196). This section reflects amendments to the Veterinary Licensing Act (Chapter 801, Occupations Code) by the 79th Legislature which gives the Board the flexibility to consider a range of sanctions where a licensee has been convicted of a felony under §485.032, Health and Safety Code (re-numbered by the Legislature from §485.033) or Chapter 481 or 483 of the Health and Safety Code. Previously, any felony violations under those chapters and sections required a license suspension.
Section 575.25 includes in the Schedule of Sanctions for Class A violations a felony conviction. The section is expanded to allow the range of sanctions allowed by the Legislature under the Veterinary Licensing Act resulting from felony violations of §485.032, and Chapters 481 and 483 of the Health and Safety Code.
No comments were received regarding the amended section.
The amendments are adopted under the authority of §801.151(a) of the Occupations Code which gives the Board authority to adopt rules necessary to administer the Veterinary Licensing Act.
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 June 29, 2007.
TRD-200702739
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 19, 2007
Proposal publication date: March 9, 2007
For further information, please call: (512) 305-7563
Subchapter A. BOARD MEMBERS AND MEETINGS--DUTIES
The Texas Board of Veterinary Medical Examiners adopts amendments to §577.1 concerning Officers, without change to the proposed text as published in the March 9, 2007, Texas Register (32 TexReg 1197). The amendments reflect adoption by the 79th Texas Legislature of a requirement that the Governor appoint the presiding officer of the Board. Other officers are elected by the members of the Board and serve one-year terms.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of §801.151(a) of the Veterinary Licensing Act, Occupations Code, which gives the Board authority to adopt rules necessary to administer the Act.
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 June 29, 2007.
TRD-200702740
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 19, 2007
Proposal publication date: March 9, 2007
For further information, please call: (512) 305-7563