PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
SUBCHAPTER H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners adopts an amendment to §1.141 of Chapter 1, Subchapter H, concerning professional conduct of architects. The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9852). The amendment is being adopted without changes.
The amendment corrects a cross-reference to a statute in the rule. As amended the rule refers to Chapter 1051, Texas Occupations Code.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.208, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules, and which require the board to establish standards of conduct for persons regulated 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 February 26, 2009.
TRD-200900858
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §1.149 of Chapter 1, Subchapter H, concerning criminal convictions. The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9852). The amendment is being adopted without changes. The amendment updates cross-references to laws within the rule to reflect the codification of those laws.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.207, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and require the board to adopt rules to comply with Chapter 53, Texas Occupations Code, relating to the conviction of license holders for criminal conduct.
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 February 26, 2009.
TRD-200900859
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
SUBCHAPTER H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners adopts an amendment to §3.141 of Chapter 3, Subchapter H, concerning professional conduct of landscape architects. The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9853). The amendment is being adopted without changes.
The amendment corrects an obsolete cross-reference to the agency's enabling legislation in the rule. As amended the rule refers to Chapters 1051 and 1052, Texas Occupations Code.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.208, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules, and which require the board to establish standards of conduct for persons regulated 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 February 26, 2009.
TRD-200900860
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §3.149 of Chapter 3, Subchapter H, concerning criminal convictions. The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9853). The amendment is being adopted without changes. The amendment updates cross-references to the board's enabling laws within the rule to reflect the codification of those laws.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.207, Texas Occupations Code Annotated, which provides the Texas Board of Architectural Examiners with authority to promulgate rules and requires the board to adopt rules to comply with Chapter 53, Texas Occupations Code, relating to the conviction of license holders for criminal conduct.
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 February 26, 2009.
TRD-200900861
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
SUBCHAPTER D. CERTIFICATION AND ANNUAL REGISTRATION
The Texas Board of Architectural Examiners adopts an amendment to §5.78 of Chapter 5, Subchapter D, concerning inactive status and the use of the title "emeritus interior designer." The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9854). The amendment is being adopted without changes.
The amended rule limits the use of the emeritus title by inactive interior designers to those who are at least 65 years of age and who have been registered for at least 15 years and will continue to allow 65-year-old interior designers whose registrations are on inactive status (and who therefore may not practice) to use the emeritus title until they have been registered for 20 years at which time they may change their registration to emeritus status.
The agency received no comments concerning the proposal to amend this rule.
This amendment is adopted pursuant to §1051.202 and §1051.355, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and to establish a procedure by which a person may place her or his certificate of registration on inactive status in which status the person may not engage in an activity regulated 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 February 26, 2009.
TRD-200900864
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §5.151 of Chapter 5, Subchapter H, concerning professional conduct of interior designers. The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9855). The amendment is being adopted without changes.
The amendment updates a cross-reference within the rule to the board's enabling laws to reflect the codification of those laws.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.208, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with general authority to promulgate rules and which require the board to establish standards of conduct for persons regulated 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 February 26, 2009.
TRD-200900862
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts an amendment to §5.158 of Chapter 5, Subchapter H, concerning criminal convictions. The proposal to amend this rule was published in the December 5, 2008, issue of the Texas Register (33 TexReg 9855). The amendment is being adopted without changes. The amendment updates cross-references to laws within the rule to reflect the codification of those laws.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202 and §1051.207, Texas Occupations Code Annotated, which provide the Texas Board of Architectural Examiners with authority to promulgate rules and require the board to adopt rules to comply with Chapter 53, Texas Occupations Code, relating to the conviction of license holders for criminal conduct.
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 February 26, 2009.
TRD-200900863
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 305-8544
CHAPTER 535. GENERAL PROVISIONS
SUBCHAPTER F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
The Texas Real Estate Commission (TREC) adopts amendments to §535.64 concerning Accreditation of Schools and Approval of Courses and Instructors and adopts by reference a revised course application form without changes to the proposed text as published in the January 2, 2009, issue of the Texas Register (34 TexReg 25) and will not be republished. Form ED 3-1, Course Application, has been revised to obtain additional information regarding the type of course, the provider's contact information, the delivery format, a sample course completion certificate, approval from the Distance Learning Certification Center for online courses, and a permission letter for courses using another provider's materials. The amendments also update a reference to Form ED 7-1, Instructor Manual Guidelines, which erroneously referred to an outdated version of the form, and a reference to the instructor approval requirements, which was not updated when the lettering of the subsections changed at the time of previous amendments to the section.
The reasoned justification for the amendments is greater clarity for the public regarding application requirements as well as increased efficiency for agency staff because of reduced need to request follow-up materials.
No comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this adoption are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.
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 2, 2009.
TRD-200900909
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective date: March 22, 2009
Proposal publication date: January 2, 2009
For further information, please call: (512) 465-3900