Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter A. SCOPE; DEFINITIONS
22 TAC §1.5
The Texas Board of Architectural Examiners adopts the amendment
to §1.5 concerning definitions used in Chapter 1. The proposal to amend
this rule was published in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10708). The amendment is being adopted with
change. The change clarifies the definitions for Construction Documents and
Supervision and Control, and eliminates the proposed definition for Construction
Administration Services.
The amendment will add additional terms to the list of terms provided.
The definitions have been added in order to clarify rules found in other chapters.
No comments were received concerning this amendment.
The amendment is adopted under §3(b) of the Architects'
Registration Law, Article 249a, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
§1.5. Terms Defined Herein.
The following words and terms, when used in these rules, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
APA -- Administrative Procedure Act, Government Code,
Chapter 2001.
(2)
Applicant -- An individual who has submitted an application
for registration.
(3)
Architect -- An individual currently registered to
practice architecture in the State of Texas.
(4)
Architect(s)-of-responsibility -- The architect(s)
through whom a firm is authorized to offer/perform architectural services
and/or whose architect's(s') seal(s) and signature(s) appears on contract
documents issued from that firm.
(5)
Architects' registration law -- Regulation of the
practice of architecture, Texas Civil Statutes, Article 249a.
(6)
Architectural plans -- Graphic floor plans which
describe the functional relationships and intended use of space, exitways,
and the control of architectural barriers in habitable buildings.
(7)
Architecturally related documents -- Supplemental
instructions; change orders; graphic exterior elevations which describe the
form, aesthetics, and appearance of habitable buildings; and construction
of details describing the assembly and installation of construction components
of habitable buildings, excluding structural, mechanical, and electrical systems.
(8)
Architectural specifications -- Written descriptions
of materials, and construction features in relation to quality, color, pattern,
performance characteristics, and workmanship requirements for components involved
in the construction of habitable buildings, excluding structural, mechanical,
and electrical systems.
(9)
ARE -- The current architect registration examination,
prepared by NCARB.
(10)
Candidate -- An individual who has qualified for
examination.
(11)
Construction Documents -- Plans, specifications,
and related documents issued by an architect, landscape architect, or interior
designer for the purpose(s) of regulatory approval, permit, or construction.
(12)
Contract documents -- Documents issued for permits,
or construction purposes, consisting of architectural plans, specifications,
and related documents.
(13)
Coordination of consultant's work -- Comparative
review by the architect of the construction documents as prepared by the architect
and by each of his or her consultants for the purpose of revealing possible
conflicts and omissions and for observing the consultant's proper seal or
other certification applied to his or her own work. Revisions necessary for
coordination shall remain the responsibility of the consultants.
(14)
Direct Supervision -- That degree of supervision
by a person 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.
(15)
Emeritus Status -- An honorary title that allows
a retired architect who no longer wishes to actively practice architecture
to retain his or her professional title but does not confer the right to practice
as a registered professional.
(16)
IDP -- Intern development program.
(17)
IDP applicant -- An individual who is obtaining
the IDP diversified experience requirements set forth in the Texas Table of
Diversified Experience Requirements for IDP, and has submitted an application
for registration to the board.
(18)
Institutional residential facility -- Any building
intended for occupancy of persons on a 24-hour basis who are receiving custodial
care from the proprietors or operators of the building.
(19)
NAAB -- National Architectural Accrediting Board.
(20)
NCARB -- National Council of Architectural Registration
Boards.
(21)
Principal -- An individual who is an architect,
and in charge of an organization's architectural practice, either alone or
with other architects.
(22)
Registrant -- See architect.
(23)
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
required professional standard of care.
(24)
Supervision and Control -- Supervision by an architect
overseeing the work of another whereby:
(A)
the supervisor and the individual being supervised can
document frequent and detailed communication with one another and the supervisor
has both control over and detailed professional knowledge of the work; or
(B)
the supervisor is in responsible charge of the work and
the person performing the work is employed by the supervisor or by the supervisor's
employer.
(25)
Table of equivalents -- The table of education
and experience qualifications used by the board to qualify candidates for
examination.
(26)
TBAE -- Texas Board of Architectural Examiners.
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 16, 2000.
TRD-200001975
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 305-8535
22 TAC §1.88
The Texas Board of Architectural Examiners adopts the amendment
to §1.88 concerning fees. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11663). The amendment is being adopted with change. The
change involves restating subsection (a) to eliminate cumbersome language
and put the sentence pertaining to the amount of the annual renewal fee in
a new subsection (d).
The section describes the circumstances under which a registrant may apply
for emeritus status and the limitations placed on emeritus registrants.
No comments were received concerning this amendment.
The amendment is adopted under §3(b) of the Architects'
Registration Law, Article 249a, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
§1.88. Emeritus Fee.
(a)
An architect may apply for emeritus status on a form provided
by the Board if the architect is:
(1)
62 years of age or older;
(2)
Currently registered to practice architecture in
Texas; and
(3)
Not delinquent in any fees.
(b)
An applicant shall not be granted emeritus status unless
the applicant has retired from the practice of architecture. An emeritus architect
who practices architecture shall be subject to disciplinary action by the
Board.
(c)
A registrant who has been granted emeritus status may
have his/her registration reinstated in the same manner as a registrant who
has been revoked for any cause.
(d)
The annual renewal fee for approved emeritus architects
shall be as prescribed 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 16, 2000.
TRD-200001976
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §1.106
The Texas Board of Architectural Examiners adopts new rule, §1.106
concerning an architect's responsibility for providing clients with information
regarding the Board's jurisdiction over an architect's professional practice.
The proposal to create this rule was published in the December 24, 1999, issue
of the
Texas Register
(24 TexReg 11668). The
new rule is being adopted with change. The phrase "Statement of Certification"
has been changed to "Statement of Jurisdiction" throughout the rule.
The section restates and renumbers an existing provision.
This new rule is adopted as a result of the agency's review of Title 22,
Chapter 1, Subchapter F as mandated by Article IX of the General Appropriations
Act.
There were no comments pertaining to this new rule.
The new rule is adopted pursuant to §3 and §12b of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules regarding notification
to clients of the Board's address and telephone number.
§1.106.Other Professional Responsibilities .
An architect shall provide a written Statement of Jurisdiction to each
and every client for whom the architect renders architectural services in
Texas:
(1)
The Statement of Jurisdiction shall say, "The Texas Board
of Architectural Examiners has jurisdiction over complaints regarding the
professional practices of persons registered as architects in Texas," and
shall include the Board's current mailing address, telephone number, and web
site address.
(2)
The Board recommends that the Statement of Jurisdiction
be placed on the last page of the written agreement for architectural services.
In the absence of a written agreement, the Statement of Jurisdiction shall
be otherwise presented to each client in writing.
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, 2000.
TRD-200002002
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 6, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §1.191
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 1, Subchapter J, §1.191 concerning procedures for addressing
complaints against registrants and nonregistrants. The proposal to amend this
rule was published in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11669). The amendment is being adopted with
change. The change involves correcting the title of the statutes mentioned
in subsection (a) and a grammatical change in subsection (a)(1).
The section sets forth Board policies regarding complaints against registrants
and nonregistrants. The amendment to §1.191 clarifies that the Board
may seek injunctions and restraining orders against registrants and nonregistrants
and may impose administrative penalties against persons who violate the Architects'
Registration Law.
No comments were received concerning this amendment.
The amendment is adopted pursuant to §3 and §5(c) of
Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board
of Architectural Examiners with authority to promulgate rules and take action
to enforce them.
§1.191.General.
(a)
The Architects' Registration Law (the Act), Article 249a,
Vernon's Texas Civil Statutes, is specific in its provisions authorizing the
lawful practice of architecture. It is equally specific in charging the Texas
Board of Architectural Examiners with responsibility for enforcement of the
Act. The statute exempts certain persons from provisions of the Act, but otherwise,
unregistered persons are liable for violations:
(1)
The Board has authority to seek misdemeanor convictions,
injunctions, and restraining orders and to impose administrative penalties
against persons using some form of the title "architect" or offering or performing
architectural services improperly.
(2)
Each day that a violation occurs or continues may
be considered a separate violation.
(b)
Complaints alleging violations of the Act or Board rules
must be made in good faith and be accompanied by sufficient information or
factual evidence for the Executive Director to establish probable cause. If
the Executive Director does not find probable cause, he/she shall be authorized
to dismiss the allegation without further action. The Board is not responsible
for proving the basis of a complaint.
(c)
Complaints shall normally be submitted in writing along
with copies or originals of all supporting evidence; however, the Executive
Director may initiate an inquiry based on any information that will establish
probable cause.
(d)
The Board will act only when the basis of the complaint
would be a violation of the Act or Board rules if substantiated.
(e)
If a valid complaint, accompanied by sufficient information
or factual evidence to establish probable cause, is filed with the Executive
Director, the Board may proceed independent of any action by the complainant
to enter into litigation with the defendant or to abandon the complaint.
(f)
The Board may, upon request, keep the identity of the complainant
confidential to the extent permitted by law.
(g)
The Board office shall maintain a separate file containing
all information in connection with complaints, charges, hearings in connections
with such charges, and the action of the Board in each case.
(h)
On each written complaint filed with the Board, a report
to the complainant shall be made at least as frequently as quarterly on the
status of the complaint until the final disposition of the complaint.
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 16, 2000.
TRD-200001977
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §1.193
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 1, Subchapter J, §1.193 concerning procedures for addressing
complaints against registrants. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11669). The amendment is being adopted without changes.
The text of the section will not be republished.
The section sets forth Board policies and procedures regarding complaints
against registrants. The amendment to §1.193 merely clarifies the language
of the current rule.
No comments were received concerning this amendment.
The amendment is adopted pursuant to §3 of Article 249a,
Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2000.
TRD-200001955
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §1.213
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 1, Subchapter K, §1.213 concerning when the services of a
registered architect are required. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11671). The amendment is being adopted without changes.
The text of the section will not be republished.
The section describes the circumstances under which a registered architect
must prepare the architectural plans, specifications, addenda, change orders,
and supplementary instructions for any alterations or addition to an existing
building involving structural changes which require the professional services
of a registered professional engineer or which involve exitway changes affecting
the building's egress by more than 50 building occupants. The amendment improves
the grammar of the rule in order to clarify its meaning but does not alter
the meaning.
No comments were received concerning this amendment.
The amendment is adopted under §3(b) of the Architects'
Registration Law, Article 249a, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of 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 March 15, 2000.
TRD-200001956
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §1.216
The Texas Board of Architectural Examiners adopts new rule, §1.216
to Subchapter K of Chapter 1 concerning what type of construction requires
the professional services of a registered architect. The proposal to create
this rule was published in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11672.) The new rule is being adopted with
change. The term "and/or" was changed to "or" in the first sentence of the
section.
Rule, §1.216 requires an architect to report any course of action
taken against the architect's advice which may violate applicable state or
local building laws and/or regulations and which, in the architect's judgment,
will have a material adverse effect on the safe use of the completed building.
The change has been proposed in order to clarify an existing obligation and
to re-categorize an existing rule so that it now appears with other similar
rules.
There were no comments pertaining to this new rule.
The new rule is adopted under §3(b) of the Architects' Registration
Law, Article 249a, Vernon's Texas Civil Statutes, which provides the Texas
Board of Architectural Examiners with authority to promulgate rules necessary
to the proper administration of the Act.
§1.216. Other Professional Responsibilities.
If, in the course of his/her work on a project, an architect becomes
aware of a course of action taken against the architect's advice which may
violate applicable state or local building laws or regulations and which is
likely, in the architect's judgment, to have a material adverse effect on
the safe use of the completed building, the architect shall do the following:
(1)
report the course of action in writing to the owner, to
the local building official(s), and to other responsible parties; and
(2)
refuse to consent to the course of action.
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, 2000.
TRD-200002003
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 6, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §3.5
The Texas Board of Architectural Examiners adopts the amendment
to §3.5 concerning definitions used in Chapter 3. The proposal to amend
this rule was published in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10709). The amendment is being adopted with
change. The change clarifies the definitions for Construction Documents and
Supervision and Control, and eliminates the proposed definition for Construction
Administration Services.
The amendment will add additional terms to the list of terms provided.
The definitions have been added in order to clarify rules found in other chapters.
No comments were received concerning this amendment.
The amendment is adopted under §4(a) of the Landscape Architects'
Registration Law, Article 249c, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
§3.5. Terms Defined Herein.
The following words and terms, when used in these rules, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
APA -- Administrative Procedure Act, Government Code,
Chapter 2001.
(2)
Applicant -- An individual who has submitted an application
for registration.
(3)
Candidate -- An individual who has qualified for
examination.
(4)
CLARB -- Council of Landscape Architectural Registration
Boards.
(5)
Construction Documents -- Plans, specifications,
and related documents issued by an architect, landscape architect, or interior
designer for the purpose(s) of regulatory approval, permit, or construction.
(6)
Contract documents -- Documents issued for bidding,
permit, or contract construction purposes, consisting of drawings, specifications,
addenda, or change orders.
(7)
Coordination of consultant's work -- Comparative
review by the landscape architect of the construction documents as prepared
by the landscape architect and by each of his/her consultants for the purpose
of revealing possible conflicts and omissions and for observing the consultant's
proper seal or other certification applied to his/her own work. Revisions
necessary for coordination shall remain the responsibility of the consultants.
(8)
Direct Supervision -- That degree of supervision
by a person 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.
(9)
Emeritus Status -- An honorary title that allows
a retired landscape architect who no longer wishes to actively practice landscape
architecture to retain his or her professional title but does not confer the
right to practice as a registered professional.
(10)
LAAB -- Landscape Architectural Accreditation Board.
(11)
LARE -- Landscape Architect Registration Examination,
prepared by CLARB.
(12)
Landscape architect -- An individual currently registered
to practice landscape architecture in the State of Texas.
(13)
Landscape architect(s)-of-responsibility -- The
landscape architect(s) through whom a firm is authorized to offer/perform
landscape architectural services and/or whose landscape architect(s') seal(s)
and signature(s) appears on contract documents issued from that firm.
(14)
Landscape Architects' Registration Law -- Regulation
of the Practice of Landscape Architecture, Texas Civil Statutes, Article 249c.
(15)
Principal -- An individual who is a landscape architect
and in charge of an organization's landscape architecture practice, either
alone or with others.
(16)
Registrant -- See landscape architect.
(17)
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 landscape architects
applying the required professional standard of care.
(18)
Supervision and Control -- Supervision by a landscape
architect overseeing the work of another whereby:
(A)
the supervisor and the individual being supervised can
document frequent and detailed communication with one another and the supervisor
has both control over and detailed professional knowledge of the work; or
(B)
the supervisor is in responsible charge of the work and
the person performing the work is employed by the supervisor or by the supervisor's
employer.
(19)
TBAE -- Texas Board of Architectural Examiners.
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 16, 2000.
TRD-200001978
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 305-8535
22 TAC §3.21
The Texas Board of Architectural Examiners adopts the amendment
to §3.21 concerning requirements for individuals applying for landscape
architectural registration. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11673). The amendment is being adopted with change. The
change is to replace cumbersome wording and further clarify certain terms
used in the rule.
The section sets forth the requirements which must be met before an individual
may take the Landscape Architect Registration Examination in the State of
Texas. The section requires such an individual to have received a professional
degree from a landscape architectural education program accredited by the
Landscape Architectural Accreditation Board and have successfully completed
two years' actual experience working directly under a licensed landscape architect.
The section provides that any individual who began his or her landscape architectural
education or experience before September 1, 1999, shall be subject to the
rules and regulations in effect at that time. The amendment will ensure that
all individuals applying for landscape architectural registration in the State
of Texas will have satisfied certain educational and experiential requirements
determined necessary by the Board to protect the health, safety, and welfare
of the citizens of the State of Texas.
There were no comments pertaining to this amendment.
The amendment is adopted under §4(a) of the Landscape Architects'
Registration Law, Article 249c, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
This proposed amendment does not affect any other statutes.
§3.21.Eligibility.
(a)
An applicant for landscape architectural registration
by examination in Texas shall have received a professional degree from a landscape
architectural education program accredited by the Landscape Architectural
Accreditation Board (LAAB) and shall successfully demonstrate that he/she
has completed not less than two years' actual experience working directly
under a licensed landscape architect or other experience approved by the Board.
(b)
An applicant for landscape architectural registration
by examination who commenced his/her education or experience in landscape
architecture prior to September 1, 1999, shall be subject to the rules and
regulations in effect at that time.
(c)
For purposes of this section, an applicant shall be considered
to have "commenced" his/her landscape architectural education upon enrollment
in an acceptable landscape architectural education program.
(d)
Effective August 16, 1996, applicants for the June 1997
and subsequent Landscape Architect Registration Examination administrations
shall process their applications through the Council of Landscape Architectural
Registration Boards (CLARB).
(e)
Pursuant to the provisions of §231.302 of the Texas
Family Code, each applicant shall submit his/her social security number on
forms prescribed by the Board. Such information shall be considered confidential
as stated in §231.302(e) of the Texas Family Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 17, 2000.
TRD-200002004
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 6, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §3.88
The Texas Board of Architectural Examiners adopts the amendment
to §3.88 concerning fees. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11674). The amendment is being adopted with change. The
change involves restating subsection (a) to eliminate cumbersome language
and put the sentence pertaining to the amount of the annual renewal fee in
a new subsection (d).
The section describes the circumstances under which a registrant may apply
for emeritus status and the limitations placed on emeritus registrants.
No comments were received concerning this amendment.
The amendment is adopted under §4(a) of the Landscape Architects'
Registration Law, Article 249c, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
§3.88. Emeritus Fee.
(a)
A landscape architect may apply for emeritus status on
a form provided by the Board if the landscape architect is:
(1)
62 years of age or older;
(2)
Currently registered to practice landscape architecture
in Texas; and
(3)
Not delinquent in any fees.
(b)
An applicant shall not be granted emeritus status unless
the applicant has retired from the practice of landscape architecture. An
emeritus landscape architect who practices landscape architecture shall be
subject to disciplinary action by the Board.
(c)
A registrant who has been granted emeritus status may
have his/her registration reinstated in the same manner as a registrant who
has been revoked for any cause.
(d)
The annual renewal fee for approved emeritus landscape
architects shall be as prescribed 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 16, 2000.
TRD-200001979
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §3.191
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 3, Subchapter J, §3.191 concerning procedures for addressing
complaints against registrants and nonregistrants. The proposal to amend this
rule was published in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11677). The amendment is being adopted with
change. The change involves correcting the title of the statutes mentioned
in subsection (a) and a grammatical change in subsection (a)(1).
The section sets forth Board policies regarding complaints against registrants
and nonregistrants. The amendment to §3.191 clarifies that the Board
may enforce the provisions of the Landscape Architects' Registration Law pertaining
to the use of the title "landscape architect" by imposing administrative penalties
against nonregistrants.
No comments were received concerning this amendment.
The amendment is adopted pursuant to §4 and §8 of Article
249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules and take action to force them.
§3.191. General.
(a)
The Landscape Architects' Registration Law (the Act),
Article 249c, Vernon's Texas Civil Statutes, is specific in its provisions
authorizing the lawful use of the title "landscape architect" and the term
"landscape architecture." It is equally specific in charging the Texas Board
of Architectural Examiners with responsibility for enforcement of the Act.
The statute exempts certain persons from provisions of the Act, but otherwise,
unregistered persons are liable for violations:
(1)
The Board has authority to seek injunctions and restraining
orders and to impose administrative penalties against persons using the title
"landscape architect" or offering or performing landscape architectural services
improperly.
(2)
Each day that a violation occurs or continues may
be considered a separate violation.
(b)
Complaints alleging violations of the Act or Board rules
must be made in good faith and be accompanied by sufficient information or
factual evidence for the Executive Director to establish probable cause. If
the Executive Director does not find probable cause, he/she shall be authorized
to dismiss the allegation without further action. The Board is not responsible
for proving the basis of a complaint.
(c)
Complaints shall normally be submitted in writing along
with copies or originals of all supporting evidence; however, the Executive
Director may initiate an inquiry based on any information that will establish
probable cause.
(d)
The Board will act only when the basis of the complaint
would be a violation of the Act or Board rules if substantiated.
(e)
If a valid complaint, accompanied by sufficient information
or factual evidence to establish probable cause, is filed with the Executive
Director, the Board may proceed independent of any action by the complainant
to enter into litigation with the defendant or to abandon the complaint.
(f)
The Board may, upon request, keep the identity of the
complainant confidential to the extent permitted by law.
(g)
The Board office shall maintain a separate file containing
all information in connection with complaints, charges, hearings in connections
with such charges, and the action of the Board in each case.
(h)
On each written complaint filed with the Board, a report
to the complainant shall be made at least as frequently as quarterly on the
status of the complaint until the final disposition of the complaint.
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 16, 2000.
TRD-200001980
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §3.193
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 3, Subchapter J, §3.193 concerning procedures for addressing
complaints against registrants. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11677). The amendment is being adopted without changes.
The text of the section will not be republished.
The section sets forth Board policies and procedures regarding complaints
against registrants. The amendment to §3.193 merely clarifies the language
of the current rule.
No comments were received concerning this amendment.
The amendment is adopted pursuant to §4 of Article 249c,
Vernon's Texas Civil Statutes which provide the Texas Board of Architectural
Examiners with authority to promulgate rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2000.
TRD-200001957
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §5.5
The Texas Board of Architectural Examiners adopts the amendment
to §5.5 concerning definitions used in Chapter 5. The proposal to amend
this rule was published in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10710). The amendment is being adopted with
change. The change clarifies the definitions for Construction Documents and
Supervision and Control, and eliminates the proposed definition for Construction
Administration Services.
The amendment will add additional terms to the list of terms provided.
The definitions have been added in order to clarify rules found in other chapters.
No comments were received concerning this amendment.
The amendment is adopted under §5(d) of the Interior Designers'
Registration Law, Article 249e, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
§5.5. Terms Defined Herein.
The following words and terms, when used in these rules, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
APA -- Administrative Procedure Act, Government Code,
Chapter 2001.
(2)
Applicant -- An individual who has submitted an application
for registration.
(3)
Candidate -- An individual who has qualified for
examination.
(4)
Construction Documents -- Plans, specifications,
and related documents issued by an architect, landscape architect, or interior
designer for the purpose(s) of regulatory approval, permit, or construction.
(5)
Contract documents -- Documents issued for permits,
or construction purposes, consisting of plans, specifications, and related
documents.
(6)
Coordination of consultant's work -- Comparative
review by the interior designer of the construction documents as prepared
by the interior designer and by each of his or her consultants for the purpose
of revealing possible conflicts and omissions and for observing the consultant's
proper seal or other certification applied to his or her own work. Revisions
necessary for coordination shall remain the responsibility of the consultants.
(7)
Direct Supervision -- That degree of supervision
by a person 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.
(8)
Emeritus Status -- An honorary title that allows
a retired interior designer who no longer wishes to actively practice interior
design to retain his or her professional title but does not confer the right
to practice as a registered professional.
(9)
FIDER -- Foundation for Interior Design Education
Research.
(10)
Interior designer -- An individual currently registered
to use the title "interior designer" and authorized to offer or perform "interior
design" services in the State of Texas.
(11)
Interior Designers' Registration Law -- Regulation
of the Practice of Interior Design, Texas Civil Statutes, Article 249e.
(12)
NCIDQ -- National Council for Interior Design Qualification.
(13)
Principal -- An individual who is an interior designer,
and in charge of an organization's interior design practice, either alone
or with other interior designers.
(14)
Registrant -- See interior designer.
(15)
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 interior designers applying
the required professional standard of care.
(16)
Supervision and Control -- Supervision by an interior
designer overseeing the work of another whereby:
(A)
the supervisor and the individual being supervised can
document frequent and detailed communication with one another and the supervisor
has both control over and detailed professional knowledge of the work; or
(B)
the supervisor is in responsible charge of the work and
the person performing the work is employed by the supervisor or by the supervisor's
employer.
(17)
Table of Equivalents -- The latest edition
of the document used by the board to qualify candidates for examination, entitled
Table of Equivalents for Education and Experience in Interior Design.
(18)
TBAE -- Texas Board of Architectural Examiners.
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 16, 2000.
TRD-200001981
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 305-8535
22 TAC §5.99
The Texas Board of Architectural Examiners adopts the amendment
to §5.99 concerning fees. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11681). The amendment is being adopted with change. The
change involves restating subsection (a) to eliminate cumbersome language
and put the sentence pertaining to the amount of the annual renewal fee in
a new subsection (d).
The section describes the circumstances under which a registrant may apply
for emeritus status and the limitations placed on emeritus registrants.
No comments were received concerning this amendment.
The amendment is adopted under §5(d) of the Interior Designers'
Registration Law, Article 249e, Vernon's Texas Civil Statutes, which provides
the Texas Board of Architectural Examiners with authority to promulgate rules
necessary to the proper administration of the Act.
§5.99. Emeritus Fee.
(a)
An interior designer may apply for emeritus status on
a form provided by the Board if the interior designer is:
(1)
62 years of age or older;
(2)
Currently registered to practice interior design
in Texas; and
(3)
Not delinquent in any fees.
(b)
An applicant shall not be granted emeritus status unless
the applicant has retired from the practice of interior design. An emeritus
interior designer who practices interior design shall be subject to disciplinary
action by the Board.
(c)
A registrant who has been granted emeritus status may
have his/her registration reinstated in the same manner as a registrant who
has been revoked for any cause.
(d)
The annual renewal fee for approved emeritus interior
designers shall be as prescribed 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 16, 2000.
TRD-200001982
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §5.201
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 5, Subchapter J, §5.201 concerning procedures for addressing
complaints against registrants and nonregistrants. The proposal to amend this
rule was published in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11684). The amendment is being adopted with
change. The change involves correcting the title of the statutes mentioned
in subsection (a) and a grammatical change in subsection (a)(1).
The section sets forth Board policies regarding complaints against registrants
and nonregistrants. The amendment to §5.201 clarifies that the Board
may enforce the provisions of the Interior Designers' Registration Law pertaining
to the use of the title "interior designer" by seeking misdemeanor convictions,
injunctions, and restraining orders, and by imposing administrative penalties
against nonregistrants.
No comments were received concerning this amendment.
The amendment is adopted pursuant to §5 and §17 of
Article 249e, Vernon's Texas Civil Statutes, which provides the Texas Board
of Architectural Examiners with authority to promulgate rules and take action
to enforce them.
§5.201. General .
(a)
The Interior Designers' Registration Law (the Act), Article
249e, Vernon's Texas Civil Statutes, is specific in its provisions authorizing
the lawful use of the title "interior designer" and the term "interior design."
It is equally specific in charging the Texas Board of Architectural Examiners
with responsibility for enforcement of the Act. The statute exempts certain
persons from provisions of the Act, but otherwise, unregistered persons are
liable for violations:
(1)
The Board has authority to seek misdemeanor convictions,
injunctions, and restraining orders and to impose administrative penalties
against persons using the title "interior designer" or offering or performing
"interior design" services improperly.
(2)
Each day that a violation occurs or continues may
be considered a separate violation.
(b)
Complaints alleging violations of the Act or Board rules
must be made in good faith and be accompanied by sufficient information or
factual evidence for the Executive Director to establish probable cause. If
the Executive Director does not find probable cause, he/she shall be authorized
to dismiss the allegation without further action. The Board is not responsible
for proving the basis of a complaint.
(c)
Complaints shall normally be submitted in writing along
with copies or originals of all supporting evidence; however, the Executive
Director may initiate an inquiry based on any information that will establish
probable cause.
(d)
The Board will act only when the basis of the complaint
would be a violation of the Act or Board rules if substantiated.
(e)
If a valid complaint, accompanied by sufficient information
or factual evidence to establish probable cause, is filed with the Executive
Director, the Board may proceed independent of any action by the complainant
to enter into litigation with the defendant or to abandon the complaint.
(f)
The Board may, upon request, keep the identity of the
complainant confidential to the extent permitted by law.
(g)
The Board office shall maintain a separate file containing
all information in connection with complaints, charges, hearings in connections
with such charges, and the action of the Board in each case.
(h)
On each written complaint filed with the Board, a report
to the complainant shall be made at least as frequently as quarterly on the
status of the complaint until the final disposition of the complaint.
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 16, 2000.
TRD-200001983
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 5, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
22 TAC §5.203
The Texas Board of Architectural Examiners adopts the amendment
to Chapter 5, Subchapter J, §5.203 concerning procedures for addressing
complaints against registrants. The proposal to amend this rule was published
in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11685). The amendment is being adopted without changes.
The text of the section will not be republished.
The section sets forth Board policies and procedures regarding complaints
against registrants. The amendment to §5.203 merely clarifies the language
of the current rule.
No comments were received concerning this amendment.
The amendment is adopted pursuant to §3 of Article 249e,
Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural
Examiners with authority to promulgate rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2000.
TRD-200001958
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: April 4, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 305-8535
Chapter 235.
LICENSING
Subchapter D. ISSUANCE OF LICENSES
Subchapter E. FEES
Subchapter F. ARCHITECT'S SEAL
Subchapter J. COMPLAINT PROCEDURE
Subchapter K. PRACTICE; ARCHITECT REQUIRED
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter B. REGISTRATION
Subchapter E. FEES
Subchapter J. COMPLAINT PROCEDURE
Chapter 5.
INTERIOR DESIGNERS
Subchapter E. FEES
Subchapter J. COMPLAINT PROCEDURE
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS