Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Subchapter A. SCOPE; DEFINITIONS
The Texas Board of Architectural Examiners adopts an amendment to §1.5, pertaining to terms defined within the rules. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9206). The amendment is being adopted with a change. The amendment defines the terms "energy efficient design" and "sustainable design" to implement legislation which will require registrants to annually obtain continuing education in energy efficient and sustainable design effective September 1, 2008. The amendment provides registrants guidance in the nature of the educational programs they must complete to fulfill the new requirement. The change corrects a sentence in the definition of energy-efficient design by completing the phrase "as well as."
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 and §1051.356, Texas Occupations Code Annotated which provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary to enforce laws within the agency's jurisdiction and which require the Board to recognize continuing education programs for its certificate holders, including programs related to sustainable or energy efficient design standards. The amendment is also adopted pursuant to SB 541 from the 80th Legislature which requires the Board to adopt rules to implement required continuing education in sustainability and energy efficient design standards.
§1.5.Terms Defined Herein.
The following words, terms, and acronyms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) The Act--The Architects' Registration Law.
(2) Actual Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.
(3) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.
(4) APA--Administrative Procedure Act.
(5) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.
(6) Architect--An individual who holds a valid Texas architectural registration certificate granted by the Board.
(7) Architect Registration Examination (ARE)--The standardized test that a Candidate must pass in order to obtain a valid Texas architectural registration certificate.
(8) Architect Registration Examination Financial Assistance Fund (AREFAF)--A program administered by the Board which provides monetary awards to Candidates and newly registered Architects who meet the program's criteria.
(9) Architects' Registration Law--Article 249a, Vernon's Texas Civil Statutes, and Chapter 1051, Texas Occupations Code.
(10) Architectural Barriers Act--Article 9102, Vernon's Texas Civil Statutes and Texas Government Code, Chapter 469.
(11) Architectural Intern--An individual enrolled in the Intern Development Program (IDP).
(12) ARE--Architect Registration Examination.
(13) AREFAF--Architect Registration Examination Financial Assistance Fund.
(14) Authorship--The state of having personally created something.
(15) Barrier-Free Design--The design of a building or a facility or the design of an alteration of a building or a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.
(16) Board--Texas Board of Architectural Examiners.
(17) Candidate--An Applicant approved by the Board to take the ARE.
(18) CEPH--Continuing Education Program Hour(s).
(19) Chair--The member of the Board who serves as the Board's presiding officer.
(20) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents issued by an Architect for the purpose(s) of Regulatory Approval, permitting, or construction.
(21) Consultant--An individual retained by an Architect who prepares or assists in the preparation of technical design documents issued by the Architect for use in connection with the Architect's Construction Documents.
(22) Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.
(23) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.
(24) Council Certification--Certification granted by NCARB to architects who have satisfied certain standards related to architectural education, training, and examination.
(25) Delinquent--A registration status signifying that an Architect
(A) has failed to remit the applicable renewal fee to the Board and
(B) is no longer authorized to Practice Architecture in Texas or use any of the terms restricted by the Architects' Registration Law.
(26) Direct Supervision--The amount of oversight by an individual overseeing the work of another whereby the supervisor and the individual being supervised work in close proximity to one another and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.
(27) E-mail Directory--A listing of e-mail addresses
(A) used to advertise architectural services and
(B) posted on the Internet under circumstances where the Architects included in the list have control over the information included in the list.
(28) Emeritus Architect (or Architect Emeritus)--An honorary title that may be used by an Architect who has retired from the Practice of Architecture in Texas pursuant to Texas Occupations Code, §1051.357.
(29) Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.
(30) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed architectural project from a technical architectural standpoint.
(31) Good Standing--
(A) a registration status signifying that an Architect is not delinquent in the payment of any fees owed to the Board or
(B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by an architectural registration board that would provide a ground for the denial of the application for architectural registration in Texas.
(32) Governmental Entity--A Texas state agency or department; a district, authority, county, municipality, or other political subdivision of Texas; or a publicly owned Texas utility.
(33) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.
(34) IDP--The Intern Development Program as administered by NCARB.
(35) Inactive--A registration status signifying that an Architect may not Practice Architecture in the State of Texas.
(36) Intern Development Program (IDP)--A comprehensive internship program established, interpreted, and enforced by NCARB.
(37) Intern Development Training Requirement--Architectural experience necessary for an Applicant to obtain architectural registration by examination in Texas.
(38) Institutional Residential Facility--A building intended for occupancy on a 24-hour basis by persons who are receiving custodial care from the proprietors or operators of the building. Hospitals, dormitories, nursing homes and other assisted living facilities, and correctional facilities are examples of buildings that may be Institutional Residential Facilities.
(39) Licensed--Registered.
(40) Member Board--An architectural registration board that is part of the nonprofit federation of architectural registration boards known as NCARB.
(41) NAAB--National Architectural Accrediting Board.
(42) National Architectural Accrediting Board (NAAB)--An agency that accredits architectural degree programs in the United States.
(43) National Council of Architectural Registration Boards (NCARB)--A nonprofit federation of architectural registration boards from fifty-five (55) states and territories of the United States.
(44) NCARB--National Council of Architectural Registration Boards.
(45) Nonregistrant--An individual who is not an Architect.
(46) Practice Architecture--Perform or do or offer or attempt to do or perform any service, work, act, or thing within the scope of the Practice of Architecture.
(47) Practicing Architecture--Performing or doing or offering or attempting to do or perform any service, work, act, or thing within the scope of the Practice of Architecture.
(48) Practice of Architecture--A service or creative work applying the art and science of developing design concepts, planning for functional relationships and intended uses, and establishing the form, appearance, aesthetics, and construction details for the construction, enlargement, or alteration of a building or environs intended for human use or occupancy, the proper application of which requires education, training, and experience in those matters.
(A) The term includes:
(i) establishing and documenting the form, aesthetics, materials, and construction technology for a building, group of buildings, or environs intended to be constructed or altered;
(ii) preparing or supervising and controlling the preparation of the architectural plans and specifications that include all integrated building systems and construction details, unless otherwise permitted under Texas Occupations Code, §1051.606(a)(4); and
(iii) observing the construction, modification, or alteration of work to evaluate conformance with architectural plans and specifications described in clause (ii) of this subparagraph for any building, group of buildings, or environs requiring an architect.
(B) The term "practice of architecture" also includes the following activities which, pursuant to Texas Occupations Code §1051.701(a), may be performed by a person who is not registered as an Architect:
(i) programming for construction projects, including identification of economic, legal, and natural constraints and determination of the scope and spatial relationship of functional elements;
(ii) recommending and overseeing appropriate construction project delivery systems;
(iii) consulting, investigating, and analyzing the design, form, aesthetics, materials, and construction technology used for the construction, enlargement, or alteration of a building or environs and providing expert opinion and testimony as necessary;
(iv) research to expand the knowledge base of the profession of architecture, including publishing or presenting findings in professional forums; and
(v) teaching, administering, and developing pedagogical theory in academic settings offering architectural education.
(49) Principal--An architect who is responsible, either alone or with other architects, for an organization's Practice of Architecture.
(50) Prototypical--From or of an architectural design intentionally created not only to establish the architectural parameters of a building or facility to be constructed but also to serve as a functional model on which future variations of the basic architectural design would be based for use in additional locations.
(51) Public Entity--A state, a city, a county, a city and county, a district, a department or agency of state or local government which has official or quasi-official status, an agency established by state or local government though not a department thereof but subject to some governmental control, or any other political subdivision or public corporation.
(52) Registered--Licensed.
(53) Registrant--Architect.
(54) Regulatory Approval--The approval of Construction Documents by the applicable Governmental Entity after a review of the architectural content of the Construction Documents as a prerequisite to construction or occupation of a building or a facility.
(55) Reinstatement--The procedure through which a cancelled, Surrendered, or revoked Texas architectural registration certificate is restored.
(56) Renewal--The procedure through which an Architect pays a periodic fee so that the Architect's registration certificate will continue to be effective.
(57) Responsible Charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the applicable architectural standard of care.
(58) Rules and Regulations of the Board--22 Texas Administrative Code §§1.1 et seq.
(59) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.
(60) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes of each Board meeting and maintaining the record of Board members' attendance at Board meetings.
(61) SOAH--State Office of Administrative Hearings.
(62) State Office of Administrative Hearings (SOAH)--A Governmental Entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.
(63) Supervision and Control--The amount of oversight by an architect overseeing the work of another whereby
(A) the architect and the individual performing the work can document frequent and detailed communication with one another and the architect has both control over and detailed professional knowledge of the work; or
(B) the architect is in Responsible Charge of the work and the individual performing the work is employed by the architect or by the architect's employer.
(64) Supplemental Document--A document that modifies or adds to the technical architectural content of an existing Construction Document.
(65) Surrender--The act of relinquishing a Texas architectural registration certificate along with all privileges associated with the certificate.
(66) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure developments during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.
(67) TBAE--Texas Board of Architectural Examiners.
(68) TDLR--Texas Department of Licensing and Regulation.
(69) Texas Department of Licensing and Regulation (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.
(70) Texas Guaranteed Student Loan Corporation (TGSLC)--A public, nonprofit corporation that administers the Federal Family Education Loan Program.
(71) TGSLC--Texas Guaranteed Student Loan Corporation.
(72) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.
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 14, 2008.
TRD-200801438
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §1.41, pertaining to requirements for taking the Architectural Registration Examination. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9208). The amendment is being adopted without changes and the text will not be republished. The amendment requires applicants to enroll in the intern development program by establishing a council record at the National Council of Architectural Registration Boards (NCARB) as a prerequisite for taking the Architectural Registration Examination. The amendment makes the rule conform to a national standard to eliminate potential obstacles to reciprocal registration of Texas architects in other jurisdictions.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 and §1051.705(a)(2) of the Texas Occupations Code Annotated which provide the Texas Board of Architectural Examiners with general authority to promulgate rules and authority to prescribe by rule satisfactory architectural experience to apply to take the architectural registration 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 14, 2008.
TRD-200801439
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §1.44, pertaining to the transfer of passing scores. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9209). The amendment is being adopted without changes and the text will not be republished.
The rule allows candidates for licensure in another jurisdiction to transfer passing scores on sections of the registration examination to Texas in order to seek registration in Texas instead of the other jurisdiction. The amendment imposes upon candidates who transfer scores to Texas the same five-year deadline for successful completion of the examination which applies to candidates who originally seek registration in Texas. The amendment applies the same deadline to all candidates to ensure equitable treatment.
The agency received no comments concerning the proposal to amend this rule.
The amendment to the rule is adopted pursuant to §1051.202 of the Texas Occupations Code Annotated which provides the Texas Board of Architectural Examiners with authority to promulgate rules to administer or enforce its enabling legislation.
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 14, 2008.
TRD-200801440
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts amendments to §§1.65 - 1.69, pertaining to certification and annual registration. The proposal to amend these rules were published in the December 14, 2007, edition of the Texas Register (32 TexReg 9210). The amendments are being adopted without changes and the text will not be republished.
The amendments implement recently enacted legislative changes. The amendments to §1.65 and §1.66 implement a change in the statutes which specifies that a certificate of registration issued by the Board is canceled two years after it expires unless renewed. Previously, a certificate of registration was canceled one year after expiration. The amendment to §1.67 implements technical, non-substantive changes to §1051.357, Texas Occupations Code, and corrects an incorrect cross-reference to a statute. The amendment to §1.68 eliminates an obsolete provision which allowed architects on inactive status to use the titles "emeritus architect" and "architect emeritus" under certain circumstances. The provision predates the statute relating to emeritus status. Under the amended Section inactive architects who held an emeritus architectural registration on or before January 1, 2002, may continue to use the emeritus title. The amendment to §1.69 implements recently enacted legislation that requires each registrant to annually earn one continuing education program hour in the study of sustainable or energy-efficient design. The required hour of education is not in addition to the eight hours of continuing education each registrant must earn under the current rule. Thus, one of the required eight hours of continuing education must cover topics relating to sustainable or energy-efficient design.
The agency received comments concerning the proposal to amend §1.69: The commentators opposed the rule because they did not favor specifying sustainable design as a required topic for continuing education. One commentator argued that life safety issues ought to have a higher priority than sustainability in continuing education. Another commentator noted that some architects specialize in designs for which sustainability and energy efficiency are secondary consideration. Another commentator opined that sustainable design is a trend that does not involve a discrete aspect of architecture beyond or different from the current practices of architects. The commentator seemed to speak in opposition to mandating certification or meeting a standard on sustainability in the design of projects. The Board notes that the rule implements legislation passed by the 80th Legislature. The requirement that each architect complete one hour of continuing education in sustainability or energy efficiency was created by Senate Bill (SB) 541 which also requires the Board to adopt rules to implement the requirement. The rule requires continuing education on sustainable and energy efficient design and does not mandate the incorporation of sustainable design principles. For these reasons, the Board did not refrain from adopting the rule as urged by the commentators.
The amendments to these rules are adopted pursuant to §1051.202 of Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules. The amendments are also adopted pursuant to §§1051.357, 1051.353, and 1051.355, Texas Occupations Code, which require the Board to adopt rules to establish procedures relating to registration and renewal as an emeritus architect, registration renewal, and inactive registration, respectively. The amendment to §1.69 was adopted pursuant to §1051.356 as amended by SB 541 which requires architects to annually complete continuing education requirements including at least one hour of education in sustainable or energy efficient design standards.
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 14, 2008.
TRD-200801442
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §1.82, pertaining to Fees. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9211). The amendment is being adopted without changes and the text will not be republished.
The amendment implements recently enacted legislation which requires cancellation of a registrant's certificate of registration two years after it expires. Previous law required cancellation of a certificate one year after it expired. The effect of the amendment will be to bring the rule into compliance with the law and require the board to send notice of a pending cancellation within that two-year period instead of during a one-year period required in the previous law.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 and §1051.353, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with general authority to promulgate rules, including rules related to the expiration of registration and which specify the cancellation of a certification of registration two years after it 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 March 14, 2008.
TRD-200801443
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
Subchapter A. SCOPE; DEFINITIONS
The Texas Board of Architectural Examiners adopts an amendment to §3.5, pertaining to terms defined within the rules. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9212). The amendment is being adopted without changes and the text will not be republished. The amendment defines the terms "energy-efficient design" and "sustainable design" for purposes of another simultaneously adopted rule which implements new law that requires registrants to complete continuing education on energy efficiency or sustainable design standards. The amendment also makes technical changes to the definition of the term "emeritus landscape architect" to include a cross-reference to a new statute creating explicit statutory emeritus registration status for landscape architects. The amendments will give guidance to registrants in fulfilling continuing education requirements and obtaining emeritus status.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202, Texas Occupations Code Annotated, which provides the Texas Board of Architectural Examiners with authority to promulgate rules and §1051.356, Texas Occupations Code, which requires the Board to adopt rules requiring registrants to obtain annual education on sustainable or energy-efficient design standards.
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 14, 2008.
TRD-200801444
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §3.44, pertaining to transfer of passing scores. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9214). The amendment is being adopted without changes and the text will not be republished. The rule allows candidates for licensure in another jurisdiction to transfer passing scores on sections of the registration examination to Texas in order to seek registration in Texas instead of the other jurisdiction. The amendment imposes upon candidates who transfer scores to Texas the same five-year deadline for successful completion of the examination which applies to candidates who originally seek registration in Texas. The amendment applies the same deadline to all candidates to ensure equitable treatment.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 of the Texas Occupations Code Annotated which provides the Texas Board of Architectural Examiners with authority to promulgate rules to administer or enforce its enabling legislation.
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 14, 2008.
TRD-200801445
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts amendments to §§3.65 - 3.69, pertaining to certification and annual registration. The proposal to amend these rules was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9215). The amendments are being adopted without changes and the text will not be republished. The amendments implement recently enacted legislative changes. The amendments to §3.65 and §3.66 implement a change in the statutes which specifies that a certificate of registration issued by the Board is canceled two years after it expires unless renewed. Previously, a certificate of registration was canceled one year after expiration. The new version of §3.67 implements §1052.155, Texas Occupations Code, which requires the Board to adopt by rule a procedure for qualified landscape architects to register as emeritus landscape architects. The amendment to §3.68 eliminates an obsolete provision which allowed landscape architects on inactive status to use the titles "emeritus landscape architect" and "landscape architect emeritus" under certain circumstances. The provision predates the statute which creates the emeritus status and specifies the process for obtaining emeritus status. Under the amended section, inactive landscape architects who held an emeritus registration on or before January 1, 2002, may continue to use the emeritus title. The amendment to §3.69 implements recently enacted legislation which requires each registrant to annually earn one continuing education program hour in the study of sustainable or energy-efficient design. The required hour of education is not in addition to the eight hours of continuing education each registrant must earn. Thus, one of the required eight hours of continuing education must cover topics relating to sustainable or energy-efficient design.
The agency received no comments concerning the proposal to amend this rule.
The amendments to these rules is adopted pursuant to §1051.202 of Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules. The amendments are also adopted pursuant to §§1052.155, 1051.353, and 1051.355, Texas Occupations Code, which require the Board to adopt rules to establish procedures relating to registration and renewal as an emeritus landscape architect, registration renewal, and inactive registration, 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 March 14, 2008.
TRD-200801446
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §3.82, pertaining to Fees. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9216). The amendment is being adopted without changes and the text will not be republished. The amendment implements recently enacted legislation which requires cancellation of a registrant's certificate of registration two years after it expires. Previous law required cancellation of a certificate one year after it expired. The amendment will bring the rule into compliance with the law and require the board to send notice of a pending cancellation within that two-year period instead of during a one-year period required in the previous law.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 and §1051.353, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with general authority to promulgate rules, including rules related to the expiration of registration and which specify the cancellation of a certification of registration two years after it 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 March 14, 2008.
TRD-200801448
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
Subchapter A. SCOPE; DEFINITIONS
The Texas Board of Architectural Examiners adopts an amendment to §5.5, pertaining to terms defined within the rules. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9217). The amendment is being adopted without changes and the text will not be republished. The amendment defines the terms "energy-efficient design" and "sustainable design" for purposes of another simultaneously adopted rule which implements new law that will require registrants to complete continuing education on energy efficiency and sustainable design. The amendment also makes technical changes to the definition of the term "emeritus interior designer" to include a cross-reference to a new statute creating explicit statutory emeritus registration status for interior designers. The amendment gives guidance to registrants in fulfilling continuing education requirements and obtaining emeritus status.
The agency received comments concerning the proposal to amend this rule: The Texas Association for Interior Design submitted a position statement from the American Society of Interior Designers favoring sustainability and energy efficiency as an essential part of the professional responsibility of an interior designer.
The amendment to this rule is adopted pursuant to §1051.202, Texas Occupations Code Annotated which provides the Texas Board of Architectural Examiners with authority to promulgate rules and §1051.356, Texas Occupations Code, as amended by SB 541 by the 80th Legislature, which requires the Board to adopt rules requiring registrants to obtain annual education on sustainable or energy-efficient design standards.
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 14, 2008.
TRD-200801449
Cathy L. Hendricks, AISD/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §5.54, pertaining to the transfer of passing scores. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9219). The amendment is being adopted without changes and the text will not be republished. The rule allows candidates for licensure in another jurisdiction to transfer passing scores on sections of the registration examination to Texas in order to seek registration in Texas instead of the other jurisdiction. The amendment imposes upon candidates who transfer scores to Texas the same five-year deadline for successful completion of the examination which applies to candidates who originally seek registration in Texas. The amendment applies the same deadline to all candidates to ensure equitable treatment.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 of the Texas Occupations Code Annotated which provides the Texas Board of Architectural Examiners with authority to promulgate rules to administer or enforce its enabling legislation.
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 14, 2008.
TRD-200801450
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts amendments to §§5.75 - 5.79, pertaining to certification and annual registration. The proposal to amend these rules were published in the December 14, 2007, edition of the Texas Register (32 TexReg 9219). The amendments are being adopted without changes and the text will not be republished.
The amendments implement recently enacted legislative changes. The amendments to §5.75 and §5.76 implement a change in the statutes which specifies that a certificate of registration issued by the Board is canceled two years after it expires unless renewed. Previously, a certificate of registration was canceled one year after expiration. Amended §5.77 implements §1053.156, Texas Occupations Code, which requires the Board to adopt by rule a procedure for qualified interior designers to register as emeritus interior designers. Amended §5.78 eliminates an obsolete provision which allowed interior designers on inactive status to use the titles "emeritus interior designer" and "interior designer emeritus" under certain circumstances. The provision predates the statute which creates the emeritus status and specifies the process for obtaining emeritus status. Under the Section as amended inactive interior designers who held an emeritus registration on or before January 1, 2002, may continue to use the emeritus title. The amendment to §5.79 implements recently enacted legislation that requires each registrant of the agency to annually earn one continuing education program hour in the study of sustainable or energy-efficient design. The required hour of education is not in addition to the eight hours of continuing education each registrant must earn. Thus, one of the required eight hours of continuing education must cover topics relating to sustainable or energy-efficient design.
The agency received comments concerning the proposal to amend §5.79: The Texas Association for Interior Design submitted a position statement from the American Society of Interior Designers favoring sustainability and energy efficiency as an essential part of the professional responsibility of an interior designer.
The amendment to these rules are adopted pursuant to §1051.202 of Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules. The amendments are also adopted pursuant to §§1053.156, 1051.353, and 1051.355, Texas Occupations Code, which require the Board to adopt rules to establish procedures relating to registration and renewal as an emeritus interior designer, registration renewal, and inactive registration, respectively. The amendment to §5.79 is adopted pursuant to §1051.356, Texas Occupations Code, as amended by Senate Bill 541, 80th Legislature, which requires the Board to adopt rules to implement the requirement that the Board's registrants annually obtain continuing education in sustainable or energy efficient design standards.
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 14, 2008.
TRD-200801451
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §5.92, pertaining to Fees. The proposal to amend this rule was published in the December 14, 2007, edition of the Texas Register (32 TexReg 9221). The amendment is being adopted without changes and the text will not be republished. The amendment implements recently enacted legislation which requires cancellation of a registrant's certificate of registration two years after it expires. Previous law required cancellation of a certificate one year after it expired. The amendment will bring the rule into compliance with the law and require the board to send notice of a pending cancellation within that two-year period instead of during a one-year period required in the previous law.
The agency received no comments concerning the proposal to amend this rule.
The amendment to this rule is adopted pursuant to §1051.202 and §1051.353, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with general authority to promulgate rules, including rules related to the expiration of registration and which specify the cancellation of a certification of registration two years after it 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 March 14, 2008.
TRD-200801452
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 3, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 305-8544
Subchapter E. EXPERIENCE
The Texas Board of Professional Engineers (Board) adopts an amendment to §133.43, relating to Experience Evaluation, without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9005) and will not be republished.
The adopted amendment would clarify the requirements for counting experience credit gained prior to receiving a qualifying degree and would limit the claimed experience gained in this manner to a total of two years.
Four public comments were received in opposition of the Board's adoption of the amended section. All four were from individuals employed by the Texas Department of Transportation. Each commenter was concerned that the amendment would restrict the amount of experience that they could count toward their application. In addition, they expressed concern that individuals that began work prior to completing their degree would be at a disadvantage. In response, the Board noted that the standard licensure process is for all experience to be gained after graduation from a qualifying degree program, and emphasized that the limitation of two years of experience prior to licensure is a reasonable accommodation.
The amendment is adopted pursuant to the Texas Engineering Practice Act (Act), Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state, and Occupations Code §1001.302 , which requires that an applicant meet educational and experience requirements as determined by the Board.
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 17, 2008.
TRD-200801453
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 6, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers (Board) adopts an amendment to §133.69, relating to Waivers of Examinations, without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9006) and will not be republished.
The adopted rule change would permit a former Texas license holder who was previously licensed without one or more examinations to re-apply via the waiver process.
Two public comments were received regarding the Board's adoption of the amended section. The first was in favor of the amendment. The second was in favor of the amendment and recommended an additional change to subsection (e). The Board decided not to make the proposed change at this time and directed agency staff to review the change for a possible future rulemaking.
The amendment is adopted pursuant to the Texas Engineering Practice Act (Act), Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state; Occupations Code §1001.305, which permits the Board to waive the examination requirements for licensure; and Occupations Code §1001.353, which requires a person whose Texas license has expired for two years or more to re-apply under the current law and 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 17, 2008.
TRD-200801454
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 6, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
Subchapter A. EXAMINATION
The Texas Board of Veterinary Medical Examiners adopts an amendment to §571.3, regarding the ability to sit for the national veterinary examination by foreign graduates from non-accredited colleges of veterinary medicine, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8262) and will not be republished.
The amendment to §571.3 requires that the foreign graduate of a non-accredited college of veterinary medicine complete the requirements set out by the Board-recognized foreign graduate programs to be eligible to apply for the national veterinary examination. The Board is seeking to ensure compliance with the Board-recognized foreign graduate programs with this amendment.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) that authorizes the Board to adopt rules necessary to administer the chapter.
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 17, 2008.
TRD-200801456
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: April 6, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 305-7563
Subchapter F. RECORDS KEEPING
The Texas Board of Veterinary Medical Examiners adopts an amendment to §573.50, regarding the records keeping for controlled substances kept on hand by licensed veterinarians, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8264) and will not be republished.
The amendment to §573.50 deletes the requirement to record the diagnosis on the patient receiving the controlled drug recorded. The requirement for diagnosis is not necessary to accurately reflect the controlled substances used by the veterinarian in the course of his or her practice.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) that states that the Board may adopt rules necessary to administer the chapter.
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 17, 2008.
TRD-200801457
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: April 6, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 305-7563