Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Subchapter B. ELIGIBILITY FOR REGISTRATION
The Texas Board of Architectural Examiners proposes an amendment to §1.21, pertaining to registration by examination. The proposal would allow a candidate for registration to seek registration based upon education obtained from an architectural program if the program becomes accredited within 3 years after the candidate graduates from the program. Currently, education is considered for registration only if the program from which the candidate graduated obtained accreditation within 2 years after the candidate graduated. The intent of the "look back" provision is to allow for the registration of candidates who were students when the program where they were enrolled was undergoing evaluation for accreditation. If the program became accredited based upon conditions and performance at the time the candidate attended the program, the candidate is likely to have received as good an education as he/she would have after accreditation. The Board is proposing extending the "look back" provision of the education component of its registration requirements because the accreditation review and approval process frequently takes longer than 2 years.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended rule is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the section.
Ms. Hendricks, has determined that for the first five-year period the amended rule is in effect the public benefits expected as a result of the amended rule are as follows: candidates for licensure who attended the third class to graduate from an architectural program will have the opportunity to become registered based upon the education received at the program previous to accreditation. The rule will assist new programs to attract students who may otherwise avoid a program that is undergoing accreditation review but is not yet accredited. The public will benefit from a larger class of individuals who may become registered to offer architectural services. The rule amendment will have no adverse impact on small or micro business. Therefore there is no need to consider less costly alternatives to the amendment. There will be no change in the cost to persons required to comply with the section.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The amendment to this rule is proposed 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.
The proposed amendment to this rule does not affect any other statutes.
§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:
(A) an architectural education program
accredited by the National Architectural Accreditation Board (NAAB),
[or from]
(B) an architectural education program that
became accredited by NAAB not later than two years after
the Applicant's graduation, [or from]
(C) an architectural education program that was granted candidacy status by NAAB and became accredited by NAAB not later than three years after the Applicant's graduation, or
(D) 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) - (e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 24, 2008.
TRD-200801553
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 305-8544
Subchapter B. ELIGIBILITY FOR REGISTRATION
The Texas Board of Architectural Examiners proposes an amendment to §3.21, pertaining to registration by examination. The proposal would allow a candidate for registration to seek registration based upon education obtained from a landscape architectural program if the program becomes accredited within 3 years after the candidate graduates from the program. Currently education is considered for registration only if the program from which the candidate graduated obtained accreditation within 2 years after the candidate graduated. The intent of the "look back" provision is to allow for the registration of candidates who were students when the program where they were enrolled was undergoing evaluation for accreditation. If the program became accredited based upon conditions and performance at the time the candidate attended the program, the candidate is likely to have received as good an education as he/she would have after accreditation. The Board is proposing extending the "look back" provision of the education component of its registration requirements because the accreditation review and approval process frequently takes longer than 2 years.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended rule is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the section.
Ms. Hendricks, has also determined that for the first five-year period the amended rule is in effect the public benefits expected as a result of the amended rule are as follows: candidates for licensure who attended the third class to graduate from a landscape architectural program will have the opportunity to become registered based upon the education received at the program previous to accreditation. The rule will assist new programs to attract students who may otherwise avoid a program that is undergoing accreditation review but is not yet accredited. The public will benefit from a larger class of individuals who may become registered to offer landscape architecture. The board has determined that the rule amendment will have no adverse impact on small or micro business. Therefore there is no need to consider less costly alternatives to the amendment. There will be no change in the cost to persons required to comply with the section.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The amendment to this rule is proposed 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.
The proposed amendment to this rule does not affect any other statutes.
§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) a landscape architectural education
program accredited by the Landscape Architectural Accreditation Board
(LAAB), [or from]
(B) a landscape architectural education
program that became accredited by LAAB not later than two years after
the Applicant's graduation, [or from]
(C) a landscape architectural education program that was granted candidacy status by LAAB and became accredited by LAAB not later than three years after the Applicant's graduation, or
(D) a landscape architectural education
program outside the United States where an evaluation by
NAAB [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) (No change.)
(3) shall successfully complete the landscape architectural registration examination as more fully described in Subchapter C of this chapter.
(b) - (d) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 24, 2008.
TRD-200801554
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 305-8544
Subchapter B. ELIGIBILITY FOR REGISTRATION
The Texas Board of Architectural Examiners proposes an amendment to §5.31, pertaining to registration by examination. The proposal would allow a candidate for registration to seek registration based upon education obtained from an interior design program if the program becomes accredited within 3 years after the candidate graduates from the program. Currently education is considered for registration only if the program from which the candidate graduated obtained accreditation within 2 years after the candidate graduated. The intent of the "look back" provision is to allow for the registration of candidates who were students when the program where they were enrolled was undergoing evaluation for accreditation. If the program became accredited based upon conditions and performance at the time the candidate attended the program, the candidate is likely to have received as good an education as he/she would have after accreditation. The Board is proposing extending the "look back" provision of the education component of its registration requirements because the accreditation review and approval process frequently takes longer than 2 years. The proposal also changes the term "Foundation for Interior Design Education Research (FIDER)" to "Council for Interior Design Accreditation (CIDA)." The Foundation changed its name to the Council and the proposed amendment reflects that change.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended rule is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the section.
Ms. Hendricks, has also determined that for the first five-year period the amended rule is in effect the public benefits expected as a result of the amended rule are as follows: candidates for licensure who attended the third class to graduate from an interior design program will have the opportunity to become registered based upon the education received at the program previous to accreditation. The rule will assist new programs to attract students who may otherwise avoid a program that is not yet accredited. The public will benefit from a larger class of individuals who may become registered to offer interior design. The board has determined that the rule amendment will have no adverse impact on small or micro business. Therefore there is no need to consider less costly alternatives to the amendment. There will be no change in the cost to persons required to comply with the section.
Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.
The amendment to this rule is proposed pursuant to §1051.202 and §1053.155(c)(1), Texas Occupations Code Annotated which provide the Texas Board of Architectural Examiners with general authority to promulgate rules and discretion to recognize and approve interior design educational programs acceptable to gain admission to take the registration examination.
The proposed amendment to this rule does not affect any other statutes.
§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 of this chapter. For purposes of this section, an Applicant has "approved interior design education" if:
(1) The Applicant graduated from:
(A) a program that has been granted professional
status by the Council for Interior Design Accreditation (CIDA) [
Foundation for Interior Design Education Research (FIDER)] or
the National Architectural Accreditation Board (NAAB), [
or from]
(B) a program that was granted professional
status by CIDA [FIDER] or NAAB not later than
two years after the Applicant's graduation, [or from]
(C) a program that was granted candidacy status by CIDA or NAAB and became accredited by CIDA or NAAB not later than three years after the Applicant's graduation, or
(D) 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 CIDA [FIDER]
or NAAB accredited professional program;
(2) - (6) (No change.)
(b) - (h) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 24, 2008.
TRD-200801556
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 305-8544
Chapter 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
The Texas Appraiser Licensing and Certification Board (TALCB) proposes an amendment to §153.5 regarding Fees. The proposed amendment would reduce the fee for temporary nonresident appraiser registration from $180 to $150.
Karen Alexander, Director of Staff Services, has determined that for the first five-year period the amendment to §153.5 is in effect, there will be fiscal implications for the state, but not to units of local government, as a result of enforcing or administering the subsection. Approximately 300 appraisers apply for nonresident appraiser registration each fiscal year. The reduction in this fee from $180 to $150 will result in a loss of revenue to the state of approximately $2,250 for the remainder of Fiscal Year 2008 and an estimated $9,000 for each of the following four fiscal years (2009 - 2012).
Devon Bijansky, Assistant General Counsel, has determined that there is no anticipated impact on local or state employment as a result of implementing the amendment. There will be no adverse economic impact on persons who are required to comply with the proposed amendment. There will be no adverse economic impact on small business or micro-businesses.
Ms. Bijansky has also determined that the anticipated public benefit as a result of this amendment is that the rule will conform to Federal Appraisal Subcommittee requirements as necessary to maintain TALCB's federal certification and ability to continue licensing and certifying appraisers.
Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission/Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Occupations Code §1103.156, which authorizes the Texas Appraiser Licensing and Certification Board to adopt rules relating to fees.
The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendments.
§153.5.Fees.
(a) The Board shall charge and the commissioner shall collect the following fees:
(1) - (3) (No change.)
(4) a fee for nonresident appraiser registration of
$150; [$180;]
(5) - (21) (No change.)
(b) - (c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 17, 2008.
TRD-200801484
Devon Bijansky
Assistant General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 465-3900
The Texas Appraiser Licensing and Certification Board (TALCB) proposes an amendment to §153.17(c), regarding Renewal or Extension of Certification and License or Renewal of Trainee Approval. The proposed amendment would reduce the length of time for deferral of continuing education requirements for appraisers returning from active military service. The period of deferral is reduced from 180 days to 90 days.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the amendment. There is no anticipated impact on local or state employment as a result of implementing the amendment. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the proposed amendment. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.
Ms. Bijansky has also determined that for each year of the first five years the amendment is in effect the anticipated public benefit as a result of this amendment is that the rule will conform to Appraisal Subcommittee requirements as required to maintain TALCB's federal certification and ability to continue licensing and certifying appraisers. The amendment will also ensure that appraisers returning from active duty become current on their continuing education requirements more promptly.
Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission/Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under the Texas Occupations Code §1103.153, which authorizes the Texas Appraiser Licensing and Certification Board to adopt rules relating to appraiser continuing education requirements.
The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendment.
§153.17.Renewal or Extension of Certification and License or Renewal of Trainee Approval.
(a) - (b) (No change.)
(c) Renewal of Licenses or Certification for Servicemen on Active Duty.
(1) (No change.)
(2) Appraiser continuing education requirements as
set out in §153.18 of this title, that would have been imposed
for a timely renewal shall be deferred under this section for a period
of up to 90 [180] days.
(d) - (e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 17, 2008.
TRD-200801485
Devon Bijansky
Assistant General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 465-3900
Chapter 391. POLYGRAPH EXAMINER INTERNSHIP
The Polygraph Examiners Board proposes an amendment to §391.5, concerning Supervision and Internship Review.
Section 391.5 is amended to improve internship which will better serve the public needs.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications to state or local government as a result of enforcing the rule as proposed.
Mr. DiTucci also has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the rule will be better trained interns. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the rules as proposed.
Comments on the proposal may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087 MSC 0700, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703.
No other statute, code or article is affected by the rule.
§391.5.Supervision and Internship Review.
(a) The Intern is required to observe the intern sponsor, or a licensed examiner meeting the requirements to be an Intern Sponsor, conduct a minimum of two polygraph examinations prior to beginning field work in the internship program.
(b) It shall be the responsibility of the Intern Sponsor to ensure that requirements set forth in this chapter are followed. It shall also be the responsibility of the Intern Sponsor to review all polygraph examinations conducted by an Intern Examiner under his/her supervision.
(c) The Intern Sponsor shall be present to directly observe at a minimum the first 5 polygraph examinations conducted in the field by the Intern. The Intern Sponsor shall then be present to directly observe a minimum of 3 additional polygraph examinations conducted by the Intern during the remainder of the internship.
(d) All polygraph examinations administered by the Intern during the internship that are performed outside of the direct observation of the Intern Sponsor shall be performed when the Intern Sponsor is available for real time communication with the Intern (i.e., phone, email, text message) at the time the examinations are conducted.
(e) Polygraph examinations that are administered under the direct observation of the Intern Sponsor shall require the Intern Sponsor to carefully review the charts with the Intern before an opinion is rendered. When polygraph examinations are administered outside of the direct observation of the Intern Sponsor, the Intern is required to advise the examinee of the Intern's opinion of the polygraph examination; however, the examinee shall be advised that the Intern's opinion is preliminary until the examination can be reviewed by the Intern's Sponsor.
(f) Throughout the duration of the internship, it shall be the Intern's responsibility to provide to the Intern Sponsor a weekly report describing all polygraph related work conducted during each week, or a statement indicating that no polygraph examinations were conducted during that week. The Intern Sponsor shall carefully review each polygraph examination administered by the Intern for compliance with the Polygraph Examiner's Act, accurate chart interpretation, and the principles of quality polygraph examination administration.
[(a) The intern sponsor, or a licensed
examiner meeting the requirements to be a sponsor, is required to
review all examinations conducted by an intern examiner under his/her
supervision on a weekly basis. It is the Intern's responsibility to
provide the Sponsor a weekly submission of all work conducted or a
written statement indicating that no test(s) have been conducted during
that week. The sponsor or other licensed examiner shall carefully
review each test the intern conducts for compliance with the Polygraph
Examiner's Act, accurate chart interpretation and the principles of
quality test administration. The sponsor need NOT be present at the
time of the examination. The sponsor is not required to review the
charts before an opinion is rendered, but the Intern is required to
inform the Examinee that the Intern's opinion of the polygraph examination
is preliminary until that examination is reviewed by his sponsor.]
(g) [(1)] It is the policy of
the Texas Polygraph Examiners Board to provide assistance to Interns and Sponsors.
(h) [(2)] At the request of
an Intern or Sponsor, the Board's Executive Officer will review the
Intern's work product. This review is intended to correct any problems
that may exist in the Internship. Therefore Interns are encouraged
to take advantage of this assistance as early in the Internship as practical.
[(b)]The review is not an investigation
and will not be treated as such. On the other hand, the fact that
an Intern's work product was made available for review by the Executive
Officer will not be considered a defense to any action by the Board
should the Board receive a complaint concerning the Intern on any
test review under this policy.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2008.
TRD-200801531
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 424-2058
The Polygraph Examiners Board proposes an amendment to §393.1, concerning Meetings.
Section 393.1 is amended to correct a typo from "Texas Government Chapter 552" to "Texas Government Code Chapter 551".
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications to state or local government as a result of enforcing the rule as proposed.
Mr. DiTucci also has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the rule will be the correct citation for the rule. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the rules as proposed.
Comments on the proposal may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087 MSC 0700, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703.
No other statute, code or article is affected by the rule.
§393.1.Meetings.
Meetings of the Board of Polygraph Examiners will be conducted
in accordance with the Texas Open Meetings Act, Texas Government Code
Chapter 551 [552].
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2008.
TRD-200801530
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 424-2058