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 an amendment
to Chapter 1, Subchapter A, §1.5 concerning defined terms. The proposal
to amend this rule was published in the September 29, 2000, issue of the
The amendment sets forth a definition for the word "reinstatement."
No public comments were received regarding the proposed amendment.
The amendment is adopted pursuant to Section 3b of Article 249a,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules necessary for the performance
of its statutory duties.
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 7, 2001.
TRD-200100773
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: September 29, 2000
For further information, please call: (512) 305-8535
22 TAC §1.52
The Texas Board of Architectural Examiners adopts new §1.52
concerning the scholarship fund established by Section 7a of the Architects'
Registration Law. The new §1.52 seeks to define how the scholarship fund
will be administered. The proposal to adopt this rule was published in the
October 6, 2000, issue of the
Texas Register
(25 TexReg 10083). The rule is being adopted with changes. The changes are
intended to allow the Board to choose between administering all aspects of
the fund itself or selecting an outside entity to assist with administration;
to allow the Board to refrain from collecting the fee on an annual basis;
to allow the Board to distribute scholarship monies even after a candidate
has completed the registration process, and to limit the appearance of impropriety
in the awarding of scholarships by prohibiting awards to certain categories
of people.
No public comments were received regarding the proposed rule.
The new sections are adopted pursuant to Section 7(a) of Article
249a, Vernon's Texas Civil Statutes, which requires the Texas Board of Architectural
Examiners to create rules to implement a statutorily mandated scholarship
fund.
These adopted sections do not affect any other statutes.
§1.52.Financial Assistance to ARE Candidates.
(a)
The fund established by the 76th Texas Legislature to provide
financial assistance to ARE Candidates shall be administered by the Board
or, if authorized by law, by an independent scholarship administrator approved
by the Board. As mandated by Section 7A of the Architects' Registration Law,
the Architect Registration Examination Financial Assistance Fund (AREFAF)
shall be funded by a mandatory fee from all Texas registered Architects.
(b)
A one-time maximum award of $500 shall be awarded to each
approved applicant. Each scholarship recipient shall meet the following criteria:
(1)
Each scholarship recipient shall be a Texas resident who
has resided in Texas for at least twelve (12) months immediately preceding
the date the recipient submitted his or her application for the AREFAF award;
(2)
Each scholarship recipient shall be a Candidate in good
standing or shall be an Architect who completed the ARE after September 1,
1999;
(3)
Each scholarship recipient shall demonstrate that the examination
fee for the ARE would pose or has posed a financial hardship for him or her;
and
(4)
Each scholarship recipient shall have attained passing
scores on sections of the ARE for which the combined fees total at least $500.
(c)
The Board shall not award an AREFAF scholarship to any
of the following persons:
(1)
any member of the Board;
(2)
any employee of TBAE;
(3)
any person who assists in the administration of the AREFAF;
(4)
any current or former member of the Texas Legislature;
or
(5)
any family member of any person described in subsection
(c)(1), (c)(2), (c)(3), or (c)(4)of this section.
(d)
Each applicant shall apply for an AREFAF award on an authorized
form available in the Board's office or from an independent scholarship administrator
that has been approved to administer the AREFAF.
(e)
Each applicant shall be notified of the approval or rejection
of the applicant's AREFAF application. Rejection of an application shall include
an explanation of the reason for rejection.
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 7, 2001.
TRD-200100774
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §1.121
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 1, Subchapter G, §1.121 concerning compliance and enforcement.
The proposal to amend this rule was published in the October 6, 2000, issue
of the
Texas Register
(25 TexReg 10083). The
amendment is being adopted with changes. The change is to add the words "use
of the title architect" after the phrase "practice of architecture " as well
as other minor changes which help clarify the rule.
This amendment is adopted as a result of the agency's review of Title 22,
Chapter 1, Subchapter G, as mandated by Article IX of the General Appropriations
Act.
No public comments were received regarding the proposed amendment.
The amendment is adopted pursuant to Section 3(b) of Article
249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules.
§1.121.General.
In carrying out its responsibility to insure strict enforcement of
the Architects' Registration Law (the Act), the Board may investigate circumstances
which appear to violate or abridge the requirements of the Act or the rules
dealing with the practice of architecture and the use of the title "architect."
The Board also may investigate representations which imply that a person or
a business entity is legally authorized to offer or provide architectural
services to the public. Violations of the Act or the rules which cannot be
readily resolved through settlement shall be disposed of by administrative,
civil, or criminal proceedings as authorized by law.
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 7, 2001.
TRD-200100775
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§1.122 - 1.125
The Texas Board of Architectural Examiners adopts the repeal
of §1.122 relating to the circumstances under which the application of
a person against whom the Board has initiated legal action may be held without
approval, disapproval, or rejection; §1.123 relating to the conditions
that must be met if an architect or architectural firm maintains offices in
more than one locality; §1.124 relating to the requirements for properly
constituted business entities to acquire corporate architectural status via
a No Objection letter issued by the Texas Board of Architectural Examiners;
and §1.125 which describes authorized use of the title "Architect" and
various constructions thereof by persons, firms, partnerships, corporations,
and groups of persons. The proposal to repeal these rules was published in
the October 6, 2000, issue of the
Texas Register
(25 TexReg 10084). The repeal is being adopted without changes. The
text of the section will not be republished.
Simultaneously, the agency is adopting new rules with section numbers 1.122
through 1.124 to replace the rules being repealed. The rule regarding applications
has been relocated to Subchapter H. Due to the extensive modifications proposed
in the new rules, amending the existing rules is less practical than repealing
the existing rules and publishing new rules. The modifications are being made
as a result of the agency's review of Title 22, Chapter 1, Subchapter G as
mandated by Article IX of the General Appropriations Act.
No public comments were received regarding the proposed repeal of these
rules.
The repeal is adopted pursuant to Section 3(b) of Article 249a,
Vernon's Texas Civil Statutes, which provides 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 February 7, 2001.
TRD-200100777
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§1.122 - 1.124
The Texas Board of Architectural Examiners adopts new §1.122
relating to the conditions that must be satisfied in order for an Architect
to associate to provide architectural services jointly with a person or groups
of persons who is/are not a registered architect or architects; new §1.123
which describes the conditions under which persons and groups may use the
title "architect" and various constructions thereof; and new §1.124 relating
to a business entity's responsibility to register with the Board in order
to offer or provide architectural services in Texas. The proposal to adopt
these rules was published in the October 6, 2000, issue of the
Texas Register
(25 TexReg 10084). The new rules are being adopted with
changes. The changes are intended to clarify the Board's intent and make the
rules easier to understand and follow.
Due to the proposal of extensive modifications, publishing amendments to
the existing rules is less practical than the alternative of repealing the
existing sections and publishing new sections. The new rules are being adopted
as a result of the agency's review of Title 22, Chapter 1, Subchapter G as
mandated by Article IX of the General Appropriations Act. The new §1.122
requires any Architect who forms a business association with a nonregistrant
or a group of nonregistrants to enter into a written agreement of association
whereby the Architect agrees to be responsible for the preparation of all
Construction Documents and architectural work. The section defines what shall
be included in the agreement of association, requires that all Construction
Documents prepared pursuant to the association be sealed, signed, dated, and
retained by the Architect who sealed them for ten (10) years from the date
of completion of the project. It requires a Texas Architect who associates
with a registered architect in another jurisdiction who does not maintain
an office in Texas to exercise Responsible Charge over the preparation of
all Construction Documents and to provide written notification to each client
stating that the non-Texas architect is not registered to practice architecture
in Texas and that the Texas Architect will be in Responsible Charge of all
Construction Documents issued as a result of his or her association with the
non-Texas architect. New §1.123 authorizes only Architects duly registered
in Texas to use any form of the word "architect" or the word "architecture"
to describe themselves or services they offer or perform in Texas and defines
the circumstances under which a firm, partnership, corporation, or other business
association may use any form of the word "architect" or the word "architecture"
in its name or to describe services it offers or performs in Texas. New §1.124
seeks to ensure that every business entity or association that offers or provides
architectural services in Texas be registered with the Board by submitting
a business registration application form accompanied by at least one Architect
of Record affidavit. It requires the signer of an Architect of Record affidavit
to notify the Board in writing if he or she ceases to provide architectural
services on behalf of the business entity or association. It authorizes the
Board to establish an initial business registration fee.
No public comments were received regarding the proposed rules.
The new sections are adopted pursuant to Section 1, Section 10(i),
Section 13(a), and Section 3(b) of Article 249a, Vernon's Texas Civil Statutes,
which prohibit non-architects from practicing architecture and using the title
"architect" in Texas and provide the Texas Board of Architectural Examiners
with authority to promulgate rules necessary to carry out its statutory duty
to enforce the Act.
§1.122.Association.
(a)
An Architect who forms a business association, either formally
or informally, to jointly offer architectural services with any individual
who is not a duly registered Texas Architect or bona fide employee working
in the same firm where the Architect is employed or with any group of individuals
who are not duly registered Texas Architects shall, prior to offering architectural
services on behalf of the business association, enter into a written agreement
of association with the nonregistrant(s) whereby the Architect agrees to be
responsible for the preparation of all Construction Documents prepared and
issued for use in Texas pursuant to the agreement of association. All Construction
Documents prepared and issued for use in Texas pursuant to the agreement of
association shall be prepared by the Architect or under the Architect's Supervision
and Control unless the Construction Documents are prepared and issued as described
in subsection (e) of this section.
(b)
The written agreement of association shall be signed by
all parties to the agreement. In addition to the provisions of subsection
(a) of this section, the written agreement of association shall contain the
following:
(1)
The date when the agreement to associate is effective and
the approximate date when the association will be dissolved if such association
is not to be a continuing relationship. If the association is to be a continuing
relationship, that fact shall be so noted in the agreement. If the association
is only for one project, the project shall be identified in the agreement
of association by listing both the client's and the project's names and addresses.
(2)
The name, address, telephone number, registration number,
and signature of each Architect who has agreed to associate with the nonregistrant(s).
(3)
The name, address, telephone number, and signature of each
nonregistrant with whom the Architect has agreed to associate.
(c)
All Construction Documents prepared pursuant to the association
described in this section shall be sealed, signed, and dated in accordance
with the provisions of Subchapter F.
(d)
Paper or microform copies of all Construction Documents
resulting from the association, together with the written agreement of association,
shall be retained by the Architect who sealed them and made available for
review by the Board for ten (10) years from the date of substantial completion
of each project.
(e)
If, pursuant to Section 14.2 of the Act, a Texas Architect
associates with a person who is not a Texas Architect but is duly registered
as an architect in another jurisdiction and does not maintain or open an office
in Texas, The Texas Architect shall, at a minimum, exercise Responsible Charge
over the preparation of all Construction Documents issued for use in Texas
as a result of the association. The Texas Architect shall seal, sign, and
date all Construction Documents issued for use in Texas as a result of the
association in the same manner as if the Architect had prepared the Construction
Documents or they had been prepared under the Architect's Supervision and
Control. The requirements of subsections (a), (b), and (d) of this section
also must be satisfied. For purposes of subsections (a) and (b), the term
"nonregistrant" shall include the non-Texas architect. The requirements of
this subsection must be satisfied regardless of whether the Texas Architect
or the non-Texas architect acts as the "consultant" as that term is used in
Section 14.2 of the Act.
§1.123.Titles.
(a)
Architects duly registered in Texas are authorized to use
any form of the word "architect" or the word "architecture" to describe themselves
and to describe services they offer and perform in Texas.
(b)
A firm, partnership, corporation, or other business association
may use any form of the word "architect" or the word "architecture" in its
name or to describe services it offers or performs in Texas only under the
following conditions:
(1)
The business employs at least one Architect on a full-time
basis or associates with at least one Architect pursuant to the provisions
of section 1.122; and
(2)
The Architect(s) employed by or associated with the business
pursuant to subsection (b)(1) of this section exercise Supervision and Control
over all architectural services performed by nonregistrants on behalf of the
business, or in the case of services rendered pursuant to section 1.122(e),
exercise, at a minimum, Responsible Charge over all such services.
(c)
No entity other than those qualified in subsections (a)
and (b) of this section may use any form of the word "architect" or "architecture"
in its name or to describe services it offers or performs in Texas.
(d)
A person enrolleld in the Intern Development Program (IDP)
may use the title "architectural intern."
§1.124.Business Registration.
(a)
Unless excepted from the Act in accordance with Section
10 or Section 14 of the Act, each business entity or association that offers
or provides architectural services in Texas must register with the Board by
submitting a completed business registration form accompanied by at least
one duly executed Architect of Record affidavit. Blank business registration
forms and Architect of Record affidavit forms may be requested by contacting
the Board's office.
(b)
Once the Board has received a completed business registration
form and a duly executed Architect of Record affidavit from a business entity
or association, the Board shall enter the entity's or association's name into
its registry of business entities and associations that are authorized to
offer and provide architectural services in Texas.
(c)
If an Architect who has signed an Architect of Record affidavit
ceases to provide architectural services on behalf of the business entity
or association for which the Architect signed the affidavit, the Architect
must so notify the Board in writing. Such notification must be postmarked
within thirty (30) days of the date the Architect ceases to provide architectural
services on behalf of the business entity or association.
(d)
Effective September 1, 2001, the Board may establish a
business registration fee. All business entities required to register with
the Board pursuant to the provisions of this section shall pay the business
registration fee as prescribed by the Board.
(e)
An Architect who is a sole proprietor doing business under
his/her own name shall be exempt from the requirements of subsections (a)
- (d) of this section.
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 7, 2001.
TRD-200100776
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§1.141-1.150
The Texas Board of Architectural Examiners adopts the repeal
of §1.141, which seeks to define generally the Board's authority to enforce
the Regulation of the Practice of Architecture (the Act); §1.142, pertaining
to an architect's professional responsibility as it affects the property,
lives, safety, health, or welfare of the general public; §1.143, pertaining
to an architect's independent professional judgment concerning employment,
conflicts of interest with a client or employer, compensation, clients' and
employers' property, and the completion or revision of work prepared by others; §1.144,
pertaining to minimum standards of competence for architects; §1.145,
pertaining to the conditions under which an architect shall reveal and/or
make use of confidences and private information; §1.146, pertaining to
securing architectural work or assignments, advertising, the representation
of an architect's professional qualifications, and the Professional Services
Procurement Act; §1.147, pertaining to the circumstances under which
the Board may require an architect to enter a rehabilitation program approved
by the Texas Commission on Alcohol and Drug Abuse; §1.148, pertaining
to an architect's professional responsibility to uphold the ethical standards
of the profession; §1.149, pertaining to the prevention of unauthorized
practice; and §1.150, pertaining to Articles 6252-13c and 13d of Vernon's
Texas Civil Statutes and how the Board will identify and evaluate criminal
convictions of candidates and registrants. The repeal is being adopted without
changes. The proposal to repeal these rules was published in the December
22, 2000, issue of the
Texas Register
(25
TexReg 12559).
Simultaneously, the agency is adopting new rules with section numbers 1.141
through 1.151 to replace the rules being repealed. Due to the extensive modifications
to the new rules, amending the existing rules is less practical than repealing
the existing rules and adopting new rules. The modifications are being made
as a result of the agency's review of Title 22, Chapter 1, Subchapter H, as
mandated by Article IX of the General Appropriations Act.
No comments were received regarding the proposal to repeal these rules.
The repeal of these rules is adopted pursuant to Section 3(b)
of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board
of Architectural Examiners with authority to adopt rules necessary to perform
its statutory duties; the authority to adopt rules impliedly authorizes the
repeal of those rules which have been adopted.
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 9, 2001.
TRD-200100849
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 1, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 305-8535
22 TAC §§1.141-1.151
The Texas Board of Architectural Examiners adopts new §1.141,
which generally describes the Board's authority to promulgate rules necessary
for the regulation of the practice of architecture and enforcement of Article
249a of Vernon's Texas Civil Statutes (the Act), generally describes the Board's
authority to take different types of disciplinary action against an architect
or an applicant, lists the factors the Board will consider in determining
an appropriate sanction for misconduct, and states that architects must adhere
to the Act and Rules even when providing services free of charge; new §1.142,
pertaining to minimum competence to perform architectural services and defining
"gross incompetency"; new §1.143, defining "recklessness"; new §1.144,
relating to the performance or omission of acts with the intent to defraud
or deceive, prohibiting an architect from securing architectural work or assignments
through false advertising or through advertising that does not display an
architectural registration number, and prohibiting an architect from soliciting,
offering, giving, or receiving something of value for securing a public project;
new §1.145, relating to conflicts of interest; new §1.146, relating
to an architect's responsibility to refrain from participating in or aiding
or abetting a violation of the Act or Rules, an architect's responsibility
to provide information about an applicant's qualifications, and an architect's
responsibility to safeguard his or her professional seal; new §1.147,
pertaining to the Professional Services Procurement Act; new §1.148,
pertaining to the prohibition against unauthorized practice in another jurisdiction,
the implications of disciplinary action by another jurisdiction, and the consequences
of failure to renew a certificate of registration prior to its expiration;
new §1.149, relating to Articles 6252-13c and 13d of Vernon's Texas Civil
Statutes and the potential effects of applicants' and registrants' criminal
convictions on professional licensure; new §1.150, relating to the circumstances
under which substance abuse may affect an architect's licensure and conditions
under which the Board may require an architect to enter a rehabilitation program
approved by the Texas Commission on Alcohol and Drug Abuse; and new §
1.151, pertaining to the effect of enforcement proceedings on an application
for architectural registration. Each rule is being adopted with minor changes
which correct grammar and clarify the intent of each rule. The proposal to
adopt these rules was published in the December 22, 2000, issue of the
Due to the proposal of extensive modifications, adopting amendments to
the existing rules is less practical than the alternative of repealing the
existing sections and adopting new sections. The new rules are being adopted
as a result of the agency's review of Title 22, Chapter 1, Subchapter H as
mandated by Article IX of the General Appropriations Act.
As a result of the new rules, the standards for professional practice will
be better defined and easier to understand and also will better reflect current
industry standards.
No comments were received regarding the proposal to adopt these rules
The new sections are adopted pursuant to Sections 3(b), 5(c),
and 11(b) 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; pursuant to Section 5(d) of Article 249a,
Vernon's Texas Civil Statutes, which directs the Board to adopt rules to prevent
registrants from participating in violations of the Professional Services
Procurement Act; and pursuant to Articles 6252-13c and 13d of Vernon's Texas
Civil Statutes, which require the Board to take appropriate action to address
criminal convictions entered against registrants and applicants.
§1.141.General.
(a)
These rules of professional conduct are promulgated pursuant
to the Architects' Registration Law (the Act), Article 249a, Vernon's Texas
Civil Statutes, which directs the Board to make all rules consistent with
the laws and constitution of Texas which are reasonably necessary for the
regulation of the practice of architecture and the enforcement of the Act.
Except as otherwise noted, these rules of professional conduct apply only
to situations which are directly or indirectly related to the practice of
architecture.
(b)
The Board may revoke or suspend an Architect's certificate
of registration, place on probation an Architect whose certificate of registration
has been suspended, reprimand an Architect, or assess an administrative penalty
against an Architect for a violation of any provision of these rules of professional
conduct or other provisions of the Rules and Regulations of the Board or the
Act. The Board also may take action against an Applicant pursuant to section
1.151. A single instance of misconduct may be grounds for disciplinary action
by the Board.
(c)
Upon a finding of professional misconduct, the Board shall
consider the following factors in determining an appropriate sanction or sanctions:
(1)
the seriousness of the conduct, including the hazard or
potential hazard to the health or safety of the public;
(2)
the economic damage or potential damage to property caused
by the misconduct;
(3)
the respondent's history concerning previous grounds for
sanction;
(4)
the sanction necessary to deter future misconduct;
(5)
efforts to correct the misconduct; and
(6)
any other matter justice may require.
(d)
These rules of professional conduct are not intended to
suggest or define standards of care in civil actions against Architects involving
their professional conduct.
(e)
An Architect may donate his/her services to charitable
causes but must adhere to all provisions of the Act and the Rules and Regulations
of the Board in the provision of all architectural services rendered regardless
of whether the Architect is paid for the services.
§1.142.Competence.
(a)
An Architect shall undertake to perform a professional
service only when the Architect, together with those whom the Architect shall
engage as consultants, is qualified by education and/or experience in the
specific technical areas involved. During the delivery of a professional service,
an Architect shall act with reasonable care and competence and shall apply
the technical knowledge and skill which is ordinarily applied by reasonably
prudent architects practicing under similar circumstances and conditions.
(b)
An Architect shall not affix his/her signature or seal
to any architectural plan or document dealing with subject matter in which
he/she is not qualified by education and/or experience to form a reasonable
judgment.
(c)
"Gross Incompetency" shall be grounds for disciplinary
action by the Board. An Architect may be found guilty of "Gross Incompetency"
under any of the following circumstances:
(1)
the Architect has engaged in conduct that provided evidence
of an inability or lack of skill or knowledge necessary to discharge the duty
and responsibility required of an Architect;
(2)
the Architect engaged in conduct which provided evidence
of an extreme lack of knowledge of, or an inability or unwillingness to apply,
the principles or skills generally expected of a reasonably prudent architect;
(3)
the Architect has been adjudicated mentally incompetent
by a court; or
(4)
pursuant to section 1.150(b).
§1.143.Recklessness.
(a)
An Architect shall not practice architecture in any manner
which, when measured by generally accepted architectural standards or procedures,
is reasonably likely to result or does result in the endangerment of the safety,
health, or welfare of the public.
(b)
"Recklessness" shall be grounds for disciplinary action
by the Board. "Recklessness" shall include the following practices:
(1)
conduct which indicates that the Architect is aware of
yet consciously disregards a substantial risk of such a nature that its disregard
constitutes a significant deviation from the standard of care that a reasonably
prudent architect would exercise under the circumstances;
(2)
knowing failure to exercise ordinary care and attention
toward the intended result when a procedure, technique, material, or system
is employed as a result of a decision made by the Architect and such failure
jeopardizes any person's health, safety, or welfare; or
(3)
action which demonstrates a conscious disregard for compliance
with a statute, regulation, code, ordinance, or recognized standard applicable
to the design or construction of a particular project when such disregard
jeopardizes any person's health, safety, or welfare.
§1.144.Dishonest Practice.
(a)
An Architect may not directly or indirectly perform an
act, omit an act or allow an omission, make an assertion, or otherwise engage
in a practice with the intent to:
(1)
defraud,
(2)
deceive, or
(3)
create a misleading impression.
(b)
An Architect may not advertise in a manner which is false,
misleading, or deceptive. Each advertisement that offers the service of an
Architect in Texas and is found in a telephone directory, e-mail directory,
web site, or newspaper must clearly display that Architect's Texas architectural
registration number. If an advertisement is for a business that employs more
than one Architect, only the Texas architectural registration number for one
Architect employed by the firm or associated with the firm pursuant to section
1.122 is required to be displayed.
(c)
An Architect may not directly or indirectly solicit, offer,
give, or receive anything or any service of significant value as an inducement
or reward to secure any specific publicly funded architectural work.
§1.145.Conflicts of Interest.
(a)
If an Architect has any business association or financial
interest which might reasonably appear to influence the Architect's judgment
in connection with the performance of a professional service and thereby jeopardize
an interest of the Architect's client or employer, the Architect shall promptly
inform the client or employer in writing of the circumstances of the business
association or financial interest. Unless the client or employer provides
written consent after full disclosure regarding the circumstances of the business
association or financial interest, the Architect shall either terminate the
business association or financial interest or forego the project or employment.
(b)
An Architect shall not solicit or accept, directly or indirectly,
any financial or other valuable consideration, material favor, or other benefit
of any substantial nature, financial or otherwise, from more than one party
in connection with a single project or assignment unless the circumstances
are fully disclosed in writing to all parties.
(c)
An Architect shall not solicit or accept, directly or indirectly,
any financial or other valuable consideration, material favor, or other benefit
of any substantial nature from any supplier of materials or equipment or from
any contractor or any consultant in connection with any project on which the
Architect is performing or has contracted to perform architectural services.
(d)
The phrase "benefit of any substantial nature" is defined
to mean any act, article, money, or other material consideration which is
of such value or proportion that its acceptance creates an obligation or the
appearance of an obligation on the part of the Architect or otherwise could
adversely affect the Architect's ability to exercise his/her own judgment
without regard to such benefit.
§1.146.Responsibility to the Architectural Profession.
(a)
An Architect shall not:
(1)
knowingly participate, directly or indirectly, in any plan,
scheme, or arrangement having as its purpose the violation of any provision
of the Act or any provision of the Rules and Regulations of the Board;
(2)
aid or abet, directly or indirectly:
(A)
any unregistered person in connection with the unauthorized
practice of architecture;
(B)
any business entity in the practice of architecture unless
carried on in accordance with the Act; or
(C)
any person or any business entity in the use of a professional
seal or other professional identification so as to create the opportunity
for the unauthorized practice of architecture by any person or any business
entity;
(3)
fail to exercise reasonable care or diligence to prevent
his/her partners, associates, shareholders, and employees from engaging in
conduct which, if done by him/her, would violate any provision of the Act
or any provision of the Rules and Regulations of the Board.
(b)
An Architect possessing knowledge of an Applicant's qualifications
for registration shall cooperate with the Board by responding in writing to
the Board regarding those qualifications when requested to do so by the Board.
(c)
An Architect shall be responsible and accountable for the
care, custody, control, and use of his/her architectural seal, professional
signature, and other professional identification. An Architect whose seal
has been lost, stolen, or otherwise misused shall report the loss, theft,
or misuse to the Board immediately upon discovery of the loss, theft, or misuse.
The Board may invalidate the registration number of the lost, stolen, or misused
seal upon the request of the Architect if the Board deems it necessary.
§1.147.Professional Services Procurement Act.
An Architect shall neither submit a competitive bid to nor solicit
a competitive bid on behalf of any governmental entity that is prohibited
by the Professional Services Procurement Act, Subchapter A, Chapter 2254,
Government Code, from making a selection or awarding a contract on the basis
of competitive bids. An Architect may submit information related to the monetary
cost of a professional service, including information found in a fee schedule,
only after the governmental entity has selected the Architect on the basis
of demonstrated competence and qualifications pursuant to the Professional
Services Procurement Act.
§1.148.Prevention of Unauthorized Practice.
(a)
An Architect shall not practice or offer to practice architecture
in any governmental jurisdiction in which to do so would be in violation of
a law regulating the practice of architecture in that jurisdiction.
(b)
The revocation, suspension, or denial of a registration
to practice architecture in another jurisdiction shall be sufficient cause
for the revocation, suspension, or denial of a registration to practice architecture
in the State of Texas.
(c)
An Architect who fails to renew his/her certificate of
registration prior to its annual expiration date shall not use the title "architect"
and shall not "practice architecture" as defined by Section 10 of the Act
until after the Architect's certificate of registration has been properly
renewed.
§1.149.Criminal Convictions.
(a)
Pursuant to Article 6252-13c and Article 6252-13d, Vernon's
Texas Civil Statutes, the Board may suspend or revoke an existing certificate
of registration, disqualify a person from receiving a certificate of registration,
or deny to a person the opportunity to be examined for a certificate of registration
because of the person's conviction of a crime if the crime directly relates
to the duties and responsibilities of a registered architect. The following
procedures will apply in the consideration of an application for registration
as an Architect or in the consideration of a Registrant's criminal history:
(1)
Each Applicant will be required to provide information
regarding the Applicant's criminal history as part of the application process.
Each Registrant will be required to report any criminal conviction to the
Board within thirty (30) days of the date the conviction is entered by the
court and to verify the status of the Registrant's criminal history on each
registration renewal form. An Applicant or Registrant shall not be required
to report a conviction for a minor traffic offense.
(2)
An Applicant or Registrant who has been convicted of any
crime will be required to provide a summary of each conviction in sufficient
detail to allow the executive director to determine whether it appears to
directly relate to the duties and responsibilities of a registered architect.
(3)
If the executive director determines the conviction might
be directly related to the duties and responsibilities of a registered architect,
the Board's staff will obtain sufficient details regarding the conviction
to allow the Board to determine the effect of the conviction on the Applicant's
eligibility for registration or on the Registrant's fitness for continued
registration.
(b)
In determining whether a criminal conviction is directly
related to the duties and responsibilities of a registered architect, the
executive director and the Board will consider the following:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for requiring
a license to practice architecture;
(3)
the extent to which architectural registration might offer
an opportunity to engage in further criminal activity of the same type as
that in which the Applicant or Registrant had been involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a registered architect.
(c)
In addition to the factors that may be considered under
subsection (b) of this section, the executive director and the Board shall
consider the following:
(1)
the extent and nature of the Applicant's or Registrant's
past criminal activity;
(2)
the age of the Applicant or Registrant at the time the
crime was committed and the amount of time that has elapsed since the Applicant's
or Registrant's last criminal activity;
(3)
the conduct and work activity of the Applicant or Registrant
prior to and following the criminal activity;
(4)
evidence of the Applicant's or Registrant's rehabilitation
or rehabilitative effort;
(5)
other evidence of the Applicant's or Registrant's present
fitness to practice as an Architect, including letters of recommendation from
law enforcement officials involved in the prosecution or incarceration of
the Applicant or Registrant or other persons in contact with the Applicant
or Registrant; and
(6)
proof that the Applicant or Registrant has maintained steady
employment and has supported his/her dependents and otherwise maintained a
record of good conduct and has paid all outstanding court costs, supervision
fees, fines, and restitution as may have been ordered.
(d)
Crimes directly related to the duties and responsibilities
of a registered architect include any crime that reflects a lack of fitness
for professional licensure or a disregard of the standards commonly upheld
for the professional practice of architecture, such as the following:
(1)
criminal negligence;
(2)
soliciting, offering, giving, or receiving any form of
bribe;
(3)
the unauthorized use of property, funds, or proprietary
information belonging to a client or employer;
(4)
acts relating to the malicious acquisition, use, or dissemination
of confidential information related to architecture; and
(5)
any intentional violation as an individual or as a consenting
party of any provision of the Act.
(e)
The Board shall revoke the certificate of registration
of any Registrant who is convicted of any felony if the felony conviction
results in incarceration. The Board also shall revoke the certificate of registration
of any Registrant whose felony probation, parole, or mandatory supervision
is revoked.
(f)
If an Applicant is incarcerated as the result of a felony
conviction, the Board may not approve the Applicant for registration during
the period of incarceration. If an Applicant's felony probation, parole, or
mandatory supervision is revoked, the Board may not approve the Applicant
for registration until the Applicant successfully completes the sentence imposed
as a result of the revocation.
(g)
If the Board takes action against any Applicant or Registrant
pursuant to this section, the Board shall provide the Applicant or Registrant
with the following information in writing:
(1)
the reason for rejecting the application or taking action
against the Registrant's certificate of registration;
(2)
notice that upon exhaustion of the administrative remedies
provided by the Administrative Procedure Act, Chapter 2001, Government Code,
an action may be filed in a district court of Travis County for review of
the evidence presented to the Board and its decision. The person must begin
the judicial review by filing a petition with the court within 30 days after
the Board's decision is final; and
(3)
the earliest date the person may appeal.
(h)
All proceedings pursuant to this section shall be governed
by the Administrative Procedure Act, Chapter 2001, Government Code.
§1.150.Substance Abuse.
(a)
If in the course of a disciplinary proceeding, it is found
by the Board that an Architect's abuse of alcohol or a controlled substance,
as defined by the Texas Controlled Substances Act, Chapter 481, Health and
Safety Code, contributed to a violation of the Act or the Rules and Regulations
of the Board, the Board may condition its disposition of the disciplinary
matter on the Architect's completion of a rehabilitation program approved
by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation
at a facility also approved by the Commission.
(b)
An Architect's abuse of alcohol or a controlled substance
that results in the impairment of the Architect's professional skill so as
to cause a direct threat to the property, safety, health, or welfare of the
public may be deemed "Gross Incompetency" and may be grounds for the indefinite
suspension of an Architect's certificate of registration until such time as
he or she is able to demonstrate to the Board's satisfaction that the reasons
for suspension no longer exist and that the termination of the suspension
would not endanger the public.
(c)
In order to determine whether abuse of alcohol or a controlled
substance contributed to a violation or has resulted in "gross incompetency,"
the Board may order an examination by one or more health care providers trained
in the diagnosis or treatment of substance abuse.
§1.151.Effect of Enforcement Proceedings on Application.
(a)
The application of an Applicant against whom the Board
has initiated an enforcement proceeding may be held at the Board's discretion,
without approval, disapproval, or rejection until:
(1)
all enforcement proceedings have been terminated by a final
judgment or order and the time for appeal has expired, or if an appeal is
taken, such appeal has been terminated;
(2)
the Applicant is in full compliance with all orders and
judgments of the court, all orders and rules of the Board, and all provisions
of the Act; and
(3)
the Applicant has complied with all requests of the Board
for information related to such compliance, upon which the Board shall complete
the consideration of the application in the regular order of business.
(b)
An "enforcement proceeding" is initiated by the commencement
of an investigation that is based either on a formal complaint filed with
the Board or on information presented to the Board that establishes probable
cause for a belief in the existence of facts that would constitute a violation
of the Act or the Rules and Regulations of the Board.
(c)
The following sanctions may be imposed against an Applicant
who is found to have falsified information provided to the Board, violated
any of the practice or title restrictions of the Act, violated any similar
practice or title restriction of another jurisdiction, or otherwise violated
any of the statutory provisions or rules enforced by the Board:
(1)
reprimand;
(2)
the imposition of an administrative penalty;
(3)
suspension of the registration certificate upon its effective
date;
(4)
rejection of the application; or
(5)
denial of the right to reapply for registration for a period
not to exceed five years.
(d)
The Board may take action against an Applicant for any
act or omission if the same conduct would be a ground for disciplinary action
against an Architect.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 9, 2001.
TRD-200100848
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 1, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 305-8535
22 TAC §1.213
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 1, Subchapter K, §1.213 concerning alterations and additions
to existing buildings. The proposal to amend this rule was published in the
October 6, 2000, issue of the
Texas Register
(25 TexReg 10091). The amendment is being adopted with changes. The change
eliminates redundant text in order to clarify the rule.
No public comments were received regarding the proposed amendment.
The amendment is adopted pursuant to Section 3(b) of Article
249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules.
§1.213.Alterations and Additions to Existing Buildings.
Construction Documents for any alteration or addition to an existing
building involving structural changes which require the services of a registered
professional engineer in accordance with Texas Civil Statutes, Article 3271a,
the Texas Engineering Practice Act, or which involve exitway changes affecting
the building's egress by more than fifty (50) building occupants shall be
prepared under the supervision of an architect unless excepted in accordance
with §1.211.
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 7, 2001.
TRD-200100778
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §3.5
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 3, Subchapter A, §3.5 concerning defined terms. The proposal
to amend this rule was published in the September 29, 2000, issue of the
The amendment sets forth a definition for the word "reinstatement."
No public comments were received regarding the proposed amendment.
The amendment is adopted pursuant to Section 4a of Article 249c,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules necessary for the performance
of its statutory duties.
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 7, 2001.
TRD-200100779
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: September 29, 2000
For further information, please call: (512) 305-8535
22 TAC §3.121
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 3, Subchapter G, §3.121 concerning compliance and enforcement.
The proposal to amend this rule was published in the October 6, 2000, issue
of the
Texas Register
(25 TexReg 10093). The
amendment is being adopted with changes. The change is to add the words "use
of the title landscape architect and the term landscape architecture" after
the phrase "practice of landscape architecture" and other minor changes in
order to clarify the rule.
This amendment is proposed as a result of the agency's review of Title
22, Chapter 3, Subchapter G, as mandated by Article IX of the General Appropriations
Act.
Public comment was received from Eddy Edmondson, President of the Texas
Nursery and Landscape Association. He suggested replacing the language "rules
dealing with the practice of landscape architecture" with "rules dealing with
the professional practices of registered landscape architect." The Board declined
to change the language as recommended by Mr. Edmondson because the Board determined
that the language as proposed more closely reflects the language used in Section
4(a), Article 249c, Vernon's Texas Civil Statutes.
The amendment is adopted pursuant to Section 4(a) of Article
249c, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules.
§3.121.General.
In carrying out its responsibility to insure strict enforcement of
the Landscape Architects' Registration Law (the Act), the Board may investigate
circumstances which appear to violate or abridge the requirements of the Act
or the rules dealing with the practice of landscape architecture and the use
of the title "landscape architect" and the term "landscape architecture."
The Board may also investigate representations which imply that an individual
is registered to practice landscape architecture in Texas. Violations of the
Act or the rules which cannot be readily resolved through settlement shall
be disposed of by administrative, civil, or criminal proceedings as authorized
by law.
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 7, 2001.
TRD-200100780
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§3.122 - 3.125
The Texas Board of Architectural Examiners adopts the repeal
of §3.122 relating to the circumstances under which the application of
a person against whom the Board has initiated legal action may be held without
approval, disapproval, or rejection; §3.123 relating to the conditions
that must be met if a landscape architect or landscape architectural firm
maintains offices in more than one locality; §3.124 relating to the requirements
for properly constituted business entities to acquire corporate status via
a No Objection letter issued by the Texas Board of Architectural Examiners;
and §3.125 which describes authorized use of the title "Landscape Architect"
and various constructions thereof by persons, firms, partnerships, corporations,
and groups of persons. The proposal to repeal these rules was published in
the October 6, 2000, issue of the
Texas Register
(25 TexReg 10093). The repeal is being adopted without changes. The
text of the section will not be republished.
Simultaneously, the agency is adopting new rules with section numbers 3.122
through 3.124 to replace the rules proposed for repeal. The rule regarding
applications has been relocated to Subchapter H. Due to the extensive modifications
proposed in the new rules, amending the existing rules is less practical than
repealing the existing rules and publishing new rules. The modifications are
being made as a result of the agency's review of Title 22, Chapter 3, Subchapter
G as mandated by Article IX of the General Appropriations Act.
No public comments were received regarding the proposed amendments.
The repeal is adopted pursuant to Section 4(a) of Article 249c,
Vernon's Texas Civil Statutes, which provides 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 February 7, 2001.
TRD-200100782
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§3.122 - 3.124
The Texas Board of Architectural Examiners adopts new §3.122
relating to the conditions that must be satisfied in order for a Landscape
Architect to associate to provide services designated as "landscape architecture"
jointly with a person or group of persons who is/are not a registered landscape
architect or landscape architects; new §3.123 which describes authorized
use of the title "landscape architect" and the term "landscape architecture"
by persons, firms, partnerships, corporations, or groups of persons; and new §3.124
relating to a business entity's responsibility to register with the Board
in order to represent that it is registered to practice landscape architecture
in Texas. The proposal to adopt these new rules was published in the October
6, 2000, issue of the
Texas Register
(25 TexReg
10094). The new rules are being adopted with changes. The changes are intended
to clarify the Board's intent and make the rules easier to understand and
follow.
Due to the proposal of extensive modifications, publishing amendments to
the existing rules is less practical than the alternative of repealing the
existing sections and publishing new sections. The new rules are being proposed
as a result of the agency's review of Title 22, Chapter 3, Subchapter G as
mandated by Article IX of the General Appropriations Act. The new §3.122
requires any Landscape Architect who forms a business association with a nonregistrant
or group of nonregistrants to enter into a written agreement of association
whereby the Landscape Architect agrees to be responsible for the preparation
of all Construction Documents and landscape architectural work. The section
defines what shall be included in the agreement of association, requires that
all Construction Documents prepared pursuant to the association be sealed,
signed, dated, and retained by the Landscape Architect who sealed them for
ten (10) years from the date of completion of the project. New §3.123
authorizes only Landscape Architects duly registered in Texas to use the term
"landscape architect" or the term "landscape architecture" to describe themselves
or services they offer or perform in Texas and defines the circumstances under
which a firm, partnership, corporation, or other business association may
use the term "landscape architect" or the term "landscape architecture" in
its name or to describe services it offers or performs in Texas. New §3.124
seeks to ensure that every business entity or association that offers or provides
landscape architectural services in Texas be registered with the Board by
submitting a business registration application form accompanied by at least
one Landscape Architect of Record affidavit. It requires the signer of a Landscape
Architect of Record affidavit to notify the Board in writing if he or she
ceases to provide landscape architectural services on behalf of the business
entity or association. It authorizes the Board to establish an initial business
registration fee.
No public comments were received regarding the proposed rules.
The new sections are being adopted pursuant to Section 5(a) and
Section 4(a) of Article 249c, Vernon's Texas Civil Statutes, which prohibit
persons who are not registered landscape architects from representing themselves
as if they are registered and also provide the Texas Board of Architectural
Examiners with authority to promulgate rules necessary to carry out its statutory
duty to enforce the Act.
§3.122.Association.
(a)
A Landscape Architect who forms a business association,
either formally or informally, to jointly offer services designated as "landscape
architecture" with any person who is not a duly registered Texas Landscape
Architect or bona fide employee working in the same firm where the Landscape
Architect is employed or with any group of individuals who are not duly registered
Texas Landscape Architects shall, prior to offering such services on behalf
of the business association, enter into a written agreement of association
with the nonregistrant(s) whereby the Landscape Architect agrees to be responsible
for the preparation of all Construction Documents prepared and issued for
use in Texas pursuant to the agreement of association. All Construction Documents
prepared and issued for use in Texas pursuant to the agreement of association
shall be prepared by the Landscape Architect or under the Landscape Architect's
Supervision and Control.
(b)
The written agreement of association shall be signed by
all parties to the agreement. In addition to the provisions of subsection
(a) of this section, the written agreement of association shall contain the
following:
(1)
The date when the agreement to associate is effective and
the approximate date when the association will be dissolved if such association
is not to be a continuing relationship. If the association is to be a continuing
relationship, that fact shall be so noted in the agreement. If the association
is only for one project, the project shall be identified in the agreement
of association by listing both the client's and the project's names and addresses.
(2)
The name, address, telephone number, registration number,
and signature of each Landscape Architect who has agreed to associate with
the nonregistrant(s).
(3)
The name, address, telephone number, and signature of each
nonregistrant with whom then Landscape Architect has agreed to associate.
(c)
All Construction Documents prepared pursuant to the association
described in this section shall be sealed, signed, and dated in accordance
with the provisions of Subchapter F.
(d)
Paper or microform copies of all Construction Documents
resulting from the association, together with the written agreement of association,
shall be retained by the Landscape Architect who sealed them and made available
for review by the Board for ten (10) years from the date of substantial completion
of each project.
§3.123.Titles.
(a)
Landscape Architects duly registered in Texas are authorized
to use the title "landscape architect" to describe themselves and the term
"landscape architecture" to describe services they offer and perform in Texas
and to otherwise represent that they are licensed to practice landscape architecture
in Texas.
(b)
A firm, partnership, corporation, or other business association
may use the title "landscape architect" or the term "landscape architecture"
in its name or to describe services it offers or performs in Texas or may
otherwise represent that it is registered to practice landscape architecture
in Texas only under the following conditions:
(1)
The business employs at least one Landscape Architect on
a full-time basis or associates with at least one Landscape Architect pursuant
to the provisions of §3.122; and
(2)
The Landscape Architect(s) employed by or associated with
the business pursuant to subsection (b)(1) of this section exercise Supervision
and Control over all landscape architectural services performed by nonregistrants
on behalf of the business.
(c)
No entity other than those qualified under subsections
(a) and (b) of this section may use the title "landscape architect" or the
term "landscape architecture" in its name or to describe services it offers
or performs in Texas or may otherwise represent that it is registered to practice
landscape architecture in Texas.
(d)
A person participating in an internship to complete the
experiential requirements for landscape architectural registration in Texas
may use the title "landscape architectural intern."
§3.124.Business Registration.
(a)
Each business entity or association that uses the title
"landscape architect" or the term "landscape architecture" or otherwise represents
that it is registered to practice landscape architecture in Texas must register
with the Board by submitting a completed business registration form accompanied
by at least one duly executed Landscape Architect of Record affidavit. Blank
business registration forms and Landscape Architect of Record affidavit forms
may be requested by contacting the Board's office.
(b)
Once the Board has received a completed business registration
form and a duly executed Landscape Architect of Record affidavit from a business
entity or association, the Board shall enter the entity's or association's
name into its registry of business entities and associations that are authorized
to use the title "landscape architect" and the term "landscape architecture"
and otherwise represent that they are registered to practice landscape architecture
in Texas.
(c)
If a Landscape Architect who has signed a Landscape Architect
of Record affidavit ceases to provide landscape architectural services on
behalf of the business entity or association for which the Landscape Architect
signed the affidavit, the Landscape Architect must so notify the Board in
writing. Such notification must be postmarked within thirty (30) days of the
date the Landscape Architect ceases to provide landscape architectural services
on behalf of the business entity or association.
(d)
Effective September 1, 2001, the Board may establish a
business registration fee. All business entities required to register with
the Board pursuant to the provisions of this section shall pay the business
registration fee as prescribed by the Board.
(e)
A Landscape Architect who is a sole proprietor doing business
under his/her own name shall be exempt from the requirements of subsections
(a) - (d) of this section.
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 7, 2001.
TRD-200100781
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§3.141-3.150
The Texas Board of Architectural Examiners adopts the repeal
of §3.141, which seeks to define generally the Board's authority to enforce
the Regulation of the Practice of Landscape Architecture (the Act); §3.142,
pertaining to a landscape architect's professional responsibility as it affects
the property, lives, safety, health, or welfare of the general public; §3.143,
relating to a landscape architect's independent professional judgment concerning
employment, conflicts of interest with a client or employer, compensation,
clients' and employers' property, and the completion or revision of work prepared
by others; §3.144, pertaining to minimum standards of competence for
landscape architects; §3.145, relating to the conditions under which
a landscape architect shall reveal and/or make use of confidences and private
information; §3.146, relating to securing landscape architectural work
or assignments, advertising, and the representation of a landscape architect's
professional qualifications; §3.147, relating to the circumstances under
which the Board may require a landscape architect to enter a rehabilitation
program approved by the Texas Commission on Alcohol and Drug Abuse; §3.148,
relating to a landscape architect's professional responsibility to uphold
the ethical standards of the profession; §3.149, relating to the prevention
of unauthorized practice; and §3.150, pertaining to Articles 6252-13c
and 13d of Vernon's Texas Civil Statutes and how the Board will identify and
evaluate criminal convictions of candidates and registrants. The repeal is
being adopted without changes. The proposal to repeal these rules was published
in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12564).
Simultaneously, the agency is adopting new rules with section numbers 3.141
through 3.151 to replace the rules being repealed. Due to the extensive modifications
to the new rules, amending the existing rules is less practical than repealing
the existing rules and adopting new rules. The modifications are being adopted
as a result of the agency's review of Title 22, Chapter 3, Subchapter H, as
mandated by Article IX of the General Appropriations Act.
No comments were received regarding the proposal to repeal these rules.
The repeal of these rules is adopted pursuant to Section 4(a)
of Article 249c, Vernon's Texas Civil Statutes, which provides the Texas Board
of Architectural Examiners with authority to adopt rules necessary to perform
its statutory duties; the authority to adopt rules impliedly authorizes the
repeal of those rules which have been adopted.
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 9, 2001.
TRD-200100851
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Effective date: March 1, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 305-8535
22 TAC §§3.141-3.151
The Texas Board of Architectural Examiners adopts new §3.141,
which generally describes the Board's authority to promulgate rules necessary
for the regulation of the practice of landscape architecture and enforcement
of Article 249c of Vernon's Texas Civil Statutes (the Act), generally describes
the Board's authority to take different types of disciplinary action against
a landscape architect or an applicant, lists the factors the Board will consider
in determining an appropriate sanction for misconduct, and states that landscape
architects must adhere to the Act and Rules even when providing services free
of charge; new §3.142, pertaining to minimum competence to perform landscape
architectural services and defining "gross incompetency"; new §3.143,
defining "recklessness"; new §3.144, relating to the performance or omission
of acts with the intent to defraud or deceive, prohibiting a landscape architect
from securing landscape architectural work or assignments through false advertising
or through advertising that does not display a landscape architectural registration
number, and prohibiting a landscape architect from soliciting, offering, giving,
or receiving something of value for securing a public project; new §3.145,
relating to conflicts of interest; new §3.146, relating to a landscape
architect's responsibility to refrain from participating in or aiding or abetting
a violation of the Act or Rules, a landscape architect's responsibility to
provide information about an applicant's qualifications, and a landscape architect's
responsibility to safeguard his or her professional seal; new §3.147,
pertaining to the Professional Services Procurement Act; new §3.148,
pertaining to the prohibition against unauthorized practice in another jurisdiction,
the implications of disciplinary action by another jurisdiction, and the consequences
of failure to renew a certificate of registration prior to its expiration;
new §3.149, relating to Articles 6252-13c and 13d of Vernon's Texas Civil
Statutes and the potential effects of applicants' and registrants' criminal
convictions on professional licensure; new §3.150, relating to the circumstances
under which substance abuse may affect a landscape architect's licensure and
conditions under which the Board may require a landscape architect to enter
a rehabilitation program approved by the Texas Commission on Alcohol and Drug
Abuse; and new §3.151, pertaining to the effect of enforcement proceedings
on an application for landscape architectural registration. Each rule is being
adopted with minor changes which correct grammar and clarify the intent of
each rule. The proposal to adopt these rules was published in the December
22, 2000, issue of the
Texas Register
(25
TexReg 12565).
Due to the proposal of extensive modifications, adopting amendments to
the existing rules is less practical than the alternative of repealing the
existing sections and adopting new sections. The new rules are being adopted
as a result of the agency's review of Title 22, Chapter 3, Subchapter H as
mandated by Article IX of the General Appropriations Act.
As a result of the new rules, the standards for professional practice will
be better defined and easier to understand and also will better reflect current
industry standards.
No comments were received regarding the proposal to adopt these rules
The new rules are adopted pursuant to Section 4(a) and Section
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 enforce them; pursuant to Section 5(d) of Article 249a, Vernon's
Texas Civil Statutes, which directs the Board to adopt rules to prevent registrants
from participating in violations of the Professional Services Procurement
Act; and pursuant to Articles 6252-13c and 13d of Vernon's Texas Civil Statutes,
which require the Board to take appropriate action to address criminal convictions
entered against registrants and applicants.
§3.141.General.
(a)
These rules of professional conduct are promulgated pursuant
to the Landscape Architects' Registration Law (the Act), Article 249c, Vernon's
Texas Civil Statutes, which directs the Board to make all rules consistent
with the laws and constitution of Texas which are reasonably necessary for
the regulation of the practice of landscape architecture and the enforcement
of the Act. Except as otherwise noted, these rules of professional conduct
apply only to situations which are directly or indirectly related to the practice
of landscape architecture.
(b)
The Board may revoke or suspend a Landscape Architect's
certificate of registration, place on probation a Landscape Architect whose
certificate of registration has been suspended, reprimand a Landscape Architect,
or assess an administrative penalty against a Landscape Architect for a violation
of any provision of these rules of professional conduct or other provisions
of the Rules and Regulations of the Board or the Act. The Board also may take
action against an Applicant pursuant to section 3.151. A single instance of
misconduct may be grounds for disciplinary action by the Board.
(c)
Upon a finding of professional misconduct, the Board shall
consider the following factors in determining an appropriate sanction or sanctions:
(1)
the seriousness of the conduct, including the hazard or
potential hazard to the health or safety of the public;
(2)
the economic damage or potential damage to property caused
by the misconduct;
(3)
the respondent's history concerning previous grounds for
sanction;
(4)
the sanction necessary to deter future misconduct;
(5)
efforts to correct the misconduct; and
(6)
any other matter justice may require.
(d)
These rules of professional conduct are not intended to
suggest or define standards of care in civil actions against Landscape Architects
involving their professional conduct.
(e)
A Landscape Architect may donate his/her services to charitable
causes but must adhere to all provisions of the Act and the Rules and Regulations
of the Board in the provision of all landscape architectural services rendered
regardless of whether the Landscape Architect is paid for the services.
§3.142.Competence.
(a)
A Landscape Architect shall undertake to perform a professional
service only when the Landscape Architect, together with those whom the Landscape
Architect shall engage as consultants, is qualified by education and/or experience
in the specific technical areas involved. During the delivery of a professional
service, a Landscape Architect shall act with reasonable care and competence
and shall apply the technical knowledge and skill which is ordinarily applied
by reasonably prudent landscape architects practicing under similar circumstances
and conditions.
(b)
A Landscape Architect shall not affix his/her signature
or seal to any landscape architectural plan or document dealing with subject
matter in which he/she is not qualified by education and/or experience to
form a reasonable judgment.
(c)
"Gross Incompetency" shall be grounds for disciplinary
action by the Board. A Landscape Architect may be found guilty of "Gross Incompetency"
under any of the following circumstances:
(1)
the Landscape Architect has engaged in conduct that provided
evidence of an inability or lack of skill or knowledge necessary to discharge
the duty and responsibility required of a Landscape Architect;
(2)
the Landscape Architect engaged in conduct which provided
evidence of an extreme lack of knowledge of, or an inability or unwillingness
to apply, the principles or skills generally expected of a reasonably prudent
landscape architect;
(3)
the Landscape Architect has been adjudicated mentally incompetent
by a court; or
(4)
pursuant to section 3.150(b).
§3.143.Recklessness.
(a)
A Landscape Architect shall not practice landscape architecture
in any manner which, when measured by generally accepted landscape architectural
standards or procedures, is reasonably likely to result or does result in
the endangerment of the safety, health, or welfare of the public.
(b)
"Recklessness" shall be grounds for disciplinary action
by the Board. "Recklessness" shall include the following practices:
(1)
conduct which indicates that the Landscape Architect is
aware of yet consciously disregards a substantial risk of such a nature that
its disregard constitutes a significant deviation from the standard of care
that a reasonably prudent landscape architect would exercise under the circumstances;
(2)
knowing failure to exercise ordinary care and attention
toward the intended result when a procedure, technique, material, or system
is employed as a result of a decision made by the Landscape Architect and
such failure jeopardizes any person's health, safety, or welfare; or
(3)
action which demonstrates a conscious disregard for compliance
with a statute, regulation, code, ordinance, or recognized standard applicable
to the design or construction of a particular project when such disregard
jeopardizes any person's health, safety, or welfare.
§3.144.Dishonest Practice.
(a)
A Landscape Architect may not directly or indirectly perform
an act, omit an act or allow an omission, make an assertion, or otherwise
engage in a practice with the intent to:
(1)
defraud,
(2)
deceive, or
(3)
create a misleading impression.
(b)
A Landscape Architect may not advertise in a manner which
is false, misleading, or deceptive. Each advertisement that offers the service
of a Landscape Architect in Texas and is found in a telephone directory, e-mail
directory, web site, or newspaper must clearly display that Landscape Architect's
Texas landscape architectural registration number. If an advertisement is
for a business that employs more than one Landscape Architect, only the Texas
landscape architectural registration number for one Landscape Architect employed
by the firm or associated with the firm pursuant to section 3.122 is required
to be displayed.
(c)
A Landscape Architect may not directly or indirectly solicit,
offer, give, or receive anything or any service of significant value as an
inducement or reward to secure any specific publicly funded landscape architectural
work.
§3.145.Conflicts of Interest.
(a)
If a Landscape Architect has any business association or
financial interest which might reasonably appear to influence the Landscape
Architect's judgment in connection with the performance of a professional
service and thereby jeopardize an interest of the Landscape Architect's client
or employer, the Landscape Architect shall promptly inform the client or employer
in writing of the circumstances of the business association or financial interest.
Unless the client or employer provides written consent after full disclosure
regarding the circumstances of the business association or financial interest,
the Landscape Architect shall either terminate the business association or
financial interest or forego the project or employment.
(b)
A Landscape Architect shall not solicit or accept, directly
or indirectly, any financial or other valuable consideration, material favor,
or other benefit of any substantial nature, financial or otherwise, from more
than one party in connection with a single project or assignment unless the
circumstances are fully disclosed in writing to all parties.
(c)
A Landscape Architect shall not solicit or accept, directly
or indirectly, any financial or other valuable consideration, material favor,
or other benefit of any substantial nature from any supplier of materials
or equipment or from any contractor or any consultant in connection with any
project on which the Landscape Architect is performing or has contracted to
perform landscape architectural services.
(d)
The phrase "benefit of any substantial nature" is defined
to mean any act, article, money, or other material consideration which is
of such value or proportion that its acceptance creates an obligation or the
appearance of an obligation on the part of the Landscape Architect or otherwise
could adversely affect the Landscape Architect's ability to exercise his/her
own judgment without regard to such benefit.
§3.146.Responsibility to the Landscape Architectural Profession.
(a)
A Landscape Architect shall not:
(1)
knowingly participate, directly or indirectly, in any plan,
scheme, or arrangement having as its purpose the violation of any provision
of the Act or any provision of the Rules and Regulations of the Board;
(2)
aid or abet, directly or indirectly:
(A)
any unregistered person in connection with the unauthorized
practice of landscape architecture;
(B)
any business entity in the practice of landscape architecture
unless carried on in accordance with the Act; or
(C)
any person or any business entity in the use of a professional
seal or other professional identification so as to create the opportunity
for the unauthorized practice of landscape architecture by any person or any
business entity;
(3)
fail to exercise reasonable care or diligence to prevent
his/her partners, associates, shareholders, and employees from engaging in
conduct which, if done by him/her, would violate any provision of the Act
or any provision of the Rules and Regulations of the Board.
(b)
A Landscape Architect possessing knowledge of an Applicant's
qualifications for registration shall cooperate with the Board by responding
in writing to the Board regarding those qualifications when requested to do
so by the Board.
(c)
A Landscape Architect shall be responsible and accountable
for the care, custody, control, and use of his/her landscape architectural
seal, professional signature, and other professional identification. A Landscape
Architect whose seal has been lost, stolen, or otherwise misused shall report
the loss, theft, or misuse to the Board immediately upon discovery of the
loss, theft, or misuse. The Board may invalidate the registration number of
the lost, stolen, or misused seal upon the request of the Landscape Architect
if the Board deems it necessary.
§3.147.Professional Services Procurement Act.
A Landscape Architect shall neither submit a competitive bid to nor
solicit a competitive bid on behalf of any governmental entity that is prohibited
by the Professional Services Procurement Act, Subchapter A, Chapter 2254,
Government Code, from making a selection or awarding a contract on the basis
of competitive bids. A Landscape Architect may submit information related
to the monetary cost of a professional service, including information found
in a fee schedule, only after the governmental entity has selected the Landscape
Architect on the basis of demonstrated competence and qualifications pursuant
to the Professional Services Procurement Act.
§3.148.Prevention of Unauthorized Practice.
(a)
A Landscape Architect shall not practice or offer to practice
landscape architecture in any governmental jurisdiction in which to do so
would be in violation of a law regulating the practice of landscape architecture
in that jurisdiction.
(b)
The revocation, suspension, or denial of a registration
to practice landscape architecture in another jurisdiction shall be sufficient
cause for the revocation, suspension, or denial of a registration to practice
landscape architecture in the State of Texas.
(c)
A Landscape Architect who fails to renew his/her certificate
of registration prior to its annual expiration date shall not use the title
"landscape architect" until after the Landscape Architect's certificate of
registration has been properly renewed.
§3.149.Criminal Convictions.
(a)
Pursuant to Article 6252-13c and Article 6252-13d, Vernon's
Texas Civil Statutes, the Board may suspend or revoke an existing certificate
of registration, disqualify a person from receiving a certificate of registration,
or deny to a person the opportunity to be examined for a certificate of registration
because of the person's conviction of a crime if the crime directly relates
to the duties and responsibilities of a registered landscape architect. The
following procedures will apply in the consideration of an application for
registration as a Landscape Architect or in the consideration of a Registrant's
criminal history:
(1)
Each Applicant will be required to provide information
regarding the Applicant's criminal history as part of the application process.
Each Registrant will be required to report any criminal conviction to the
Board within thirty (30) days of the date the conviction is entered by the
court and to verify the status of the Registrant's criminal history on each
registration renewal form. An Applicant or Registrant shall not be required
to report a conviction for a minor traffic offense.
(2)
An Applicant or Registrant who has been convicted of any
crime will be required to provide a summary of each conviction in sufficient
detail to allow the executive director to determine whether it appears to
directly relate to the duties and responsibilities of a registered landscape
architect.
(3)
If the executive director determines the conviction might
be directly related to the duties and responsibilities of a registered landscape
architect, the Board's staff will obtain sufficient details regarding the
conviction to allow the Board to determine the effect of the conviction on
the Applicant's eligibility for registration or on the Registrant's fitness
for continued registration.
(b)
In determining whether a criminal conviction is directly
related to the duties and responsibilities of a registered landscape architect,
the executive director and the Board will consider the following:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes for requiring
a license to practice landscape architecture;
(3)
the extent to which landscape architectural registration
might offer an opportunity to engage in further criminal activity of the same
type as that in which the Applicant or Registrant had been involved; and
(4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of a registered landscape architect.
(c)
In addition to the factors that may be considered under
subsection (b) of this section, the executive director and the Board shall
consider the following:
(1)
the extent and nature of the Applicant's or Registrant's
past criminal activity;
(2)
the age of the Applicant or Registrant at the time the
crime was committed and the amount of time that has elapsed since the Applicant's
or Registrant's last criminal activity;
(3)
the conduct and work activity of the Applicant or Registrant
prior to and following the criminal activity;
(4)
evidence of the Applicant's or Registrant's rehabilitation
or rehabilitative effort;
(5)
other evidence of the Applicant's or Registrant's present
fitness to practice as a Landscape Architect, including letters of recommendation
from law enforcement officials involved in the prosecution or incarceration
of the Applicant or Registrant or other persons in contact with the Applicant
or Registrant; and
(6)
proof that the Applicant or Registrant has maintained steady
employment and has supported his/her dependents and otherwise maintained a
record of good conduct and has paid all outstanding court costs, supervision
fees, fines, and restitution as may have been ordered.
(d)
Crimes directly related to the duties and responsibilities
of a registered landscape architect include any crime that reflects a lack
of fitness for professional licensure or a disregard of the standards commonly
upheld for the professional practice of landscape architecture, such as the
following:
(1)
criminal negligence;
(2)
soliciting, offering, giving, or receiving any form of
bribe;
(3)
the unauthorized use of property, funds, or proprietary
information belonging to a client or employer;
(4)
acts relating to the malicious acquisition, use, or dissemination
of confidential information related to landscape architecture; and
(5)
any intentional violation as an individual or as a consenting
party of any provision of the Act.
(e)
The Board shall revoke the certificate of registration
of any Registrant who is convicted of any felony if the felony conviction
results in incarceration. The Board also shall revoke the certificate of registration
of any Registrant whose felony probation, parole, or mandatory supervision
is revoked.
(f)
If an Applicant is incarcerated as the result of a felony
conviction, the Board may not approve the Applicant for registration during
the period of incarceration. If an Applicant's felony probation, parole, or
mandatory supervision is revoked, the Board may not approve the Applicant
for registration until the Applicant successfully completes the sentence imposed
as a result of the revocation.
(g)
If the Board takes action against any Applicant or Registrant
pursuant to this section, the Board shall provide the Applicant or Registrant
with the following information in writing:
(1)
the reason for rejecting the application or taking action
against the Registrant's certificate of registration;
(2)
notice that upon exhaustion of the administrative remedies
provided by the Administrative Procedure Act, Chapter 2001, Government Code,
an action may be filed in a district court of Travis County for review of
the evidence presented to the Board and its decision. The person must begin
the judicial review by filing a petition with the court within 30 days after
the Board's decision is final; and
(3)
the earliest date the person may appeal.
(h)
All proceedings pursuant to this section shall be governed
by the Administrative Procedure Act, Chapter 2001, Government Code.
§3.150.Substance Abuse.
(a)
If in the course of a disciplinary proceeding, it is found
by the Board that a Landscape Architect's abuse of alcohol or a controlled
substance, as defined by the Texas Controlled Substances Act, Chapter 481,
Health and Safety Code, contributed to a violation of the Act or the Rules
and Regulations of the Board, the Board may condition its disposition of the
disciplinary matter on the Landscape Architect's completion of a rehabilitation
program approved by the Texas Commission on Alcohol and Drug Abuse that may
include rehabilitation at a facility also approved by the Commission.
(b)
A Landscape Architect's abuse of alcohol or a controlled
substance that results in the impairment of the Landscape Architect's professional
skill so as to cause a direct threat to the property, safety, health, or welfare
of the public may be deemed "Gross Incompetency" and may be grounds for the
indefinite suspension of a Landscape Architect's certificate of registration
until such time as he or she is able to demonstrate to the Board's satisfaction
that the reasons for suspension no longer exist and that the termination of
the suspension would not endanger the public.
(c)
In order to determine whether abuse of alcohol or a controlled
substance contributed to a violation or has resulted in "gross incompetency,"
the Board may order an examination by one or more health care providers trained
in the diagnosis or treatment of substance abuse.
§3.151.Effect Of Enforcement Proceedings On Application.
(a)
The application of an Applicant against whom the Board
has initiated an enforcement proceeding may be held at the Board's discretion,
without approval, disapproval, or rejection until:
(1)
all enforcement proceedings have been terminated by a final
judgment or order and the time for appeal has expired, or if an appeal is
taken, such appeal has been terminated;
(2)
the Applicant is in full compliance with all orders and
judgments of the court, all orders and rules of the Board, and all provisions
of the Act; and
(3)
the Applicant has complied with all requests of the Board
for information related to such compliance, upon which the Board shall complete
the consideration of the application in the regular order of business.
(b)
An "enforcement proceeding" is initiated by the commencement
of an investigation that is based either on a formal complaint filed with
the Board or on information presented to the Board that establishes probable
cause for a belief in the existence of facts that would constitute a violation
of the Act or the Rules and Regulations of the Board.
(c)
The following sanctions may be imposed against an Applicant
who is found to have falsified information provided to the Board, violated
any of the title restrictions of the Act, violated any practice or title restriction
of another jurisdiction, or otherwise violated any of the statutory provisions
or rules enforced by the Board:
(1)
reprimand;
(2)
the imposition of an administrative penalty;
(3)
suspension of the registration certificate upon its effective
date;
(4)
rejection of the application; or
(5)
denial of the right to reapply for registration for a period
not to exceed five years.
(d)
The Board may take action against an Applicant for any
act or omission if the same conduct would be a ground for disciplinary action
against a Landscape Architect.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 9, 2001.
TRD-200100850
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 1, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 305-8535
Subchapter A. SCOPE; DEFINITIONS
22 TAC §5.5
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 5, Subchapter A, §5.5 concerning defined terms. The proposal
to amend this rule was published in the September 29, 2000, issue of the
The amendment sets forth a definition for the word "reinstatement."
No public comments were received regarding the proposed amendment.
The amendment is adopted pursuant to Section 5d of Article 249e,
Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural
Examiners with authority to promulgate rules necessary for the performance
of its statutory duties.
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 7, 2001.
TRD-200100783
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: September 29, 2000
For further information, please call: (512) 305-8535
22 TAC §5.131
The Texas Board of Architectural Examiners adopts an amendment
to Chapter 5, Subchapter G, §5.131 concerning compliance and enforcement.
The proposal to amend this rule was published in the October 6, 2000, issue
of the
Texas Register
(25 TexReg 10101). The
amendment is being adopted with changes. The change is to add the words "use
of the title "interior designer" and the term "interior design" after the
phrase "practice of interior design" as well as other minor changes which
help clarify the rule.
No public comment was received.
The amendment is adopted pursuant Article 249e, Vernon's Texas
Civil Statutes, which provides the Texas Board of Architectural Examiners
with authority to promulgate rules.
§5.131.General.
In carrying out its responsibility to insure strict enforcement of
the Interior Designers' Registration Law (the Act), the Board may investigate
circumstances which appear to violate or abridge the requirements of the Act
or the rules dealing with the practice of interior design and the use of the
title "interior designer" and the term "interior design." Violations of the
Act or the rules which cannot be readily resolved through settlement shall
be disposed of by administrative, civil, or criminal proceedings as authorized
by law.
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 7, 2001.
TRD-200100784
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§5.132 - 5.135
The Texas Board of Architectural Examiners adopts the repeal
of §5.132 relating to the circumstances under which the application of
a person against whom the Board has initiated legal action may be held without
approval, disapproval, or rejection; §5.133 relating to the conditions
that must be met if an interior designer or interior design firm maintains
offices in more than one locality; §5.134 relating to the requirements
for properly constituted business entities to acquire corporate status via
a No Objection letter issued by the Texas Board of Architectural Examiners;
and §5.135 which describes authorized use of the title "Interior Designer"
and various constructions thereof by persons, firms, partnerships, corporations,
and groups of persons. The proposal to amend this rule was published in the
October 6, 2000, issue of the
Texas Register
(25 TexReg 10102). The repeals are being adopted without changes. The text
of the section will not be published.
Simultaneously, the agency is adopting new rules with section numbers 5.132
through 5.134 to replace the rules proposed for repeal. The rule regarding
applications has been relocated to Subchapter H. Due to the extensive modifications
proposed in the new rules, amending the existing rules is less practical than
repealing the existing rules and publishing new rules. The modifications are
being made as a result of the agency's review of Title 22, Chapter 5, Subchapter
G as mandated by Article IX of the General Appropriations Act.
No public comments were received regarding the proposed amendment.
The repeal is adopted pursuant to Section 5(d) of Article 249e,
Vernon's Texas Civil Statutes, which provides 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 February 7, 2001.
TRD-200100786
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
22 TAC §§5.132 - 5.134
The Texas Board of Architectural Examiners adopts new §5.132
relating to the conditions that must be satisfied in order for an Interior
Designer to associate to provide services designated as "interior design"
jointly with a person who is not a registered interior designer or with a
group of unregistered persons; new §5.133 which describes authorized
use of the title "interior designer" and the term "interior design" by persons,
firms, partnerships, corporations, or groups of persons; and new §5.134
relating to a business entity's responsibility to register with the Board
in order to use the title "interior designer" or the term "interior design."
The proposal to adopt these rules was published in the October 6, 2000, issue
of the
Texas Register
(25 TexReg 10102). The
new rules are being adopted with changes. The changes are intended to clarify
the Board's intent and make the rules easier to understand and follow.
Due to the proposal of extensive modifications, publishing amendments to
the existing rules is less practical than the alternative of repealing the
existing sections and publishing new sections. The new rules are being proposed
as a result of the agency's review of Title 22, Chapter 5, Subchapter G as
mandated by Article IX of the General Appropriations Act. The new §5.132
requires any Interior Designer who forms a business association with a nonregistrant
or group of nonregistrants to enter into a written agreement of association
whereby the Interior Designer agrees to be responsible for the preparation
of all Construction Documents and interior design work. The section defines
what shall be included in the agreement of association, requires that all
Construction Documents prepared pursuant to the association be sealed, signed,
dated, and retained by the Interior Designer who sealed them for ten (10)
years from the date of completion of the project. New §5.133 authorizes
only Interior Designers duly registered in Texas to use the term "interior
design" or the term "interior designer" to describe themselves or services
they offer or perform in Texas and defines the circumstances under which a
firm, partnership, corporation, or other business association may use the
term "interior designer" or the term "interior design" in its name or to describe
services it offers or performs in Texas. New §5.134 seeks to ensure that
every business entity or association that offers or provides interior design
services in Texas be registered with the Board by submitting a business registration
application form accompanied by at least one Interior Designer of Record affidavit.
It requires the signer of an Interior Designer of Record affidavit to notify
the Board in writing if he or she ceases to provide interior design services
on behalf of the business entity or association. It authorizes the Board to
establish an initial business registration fee.
No public comments were received regarding the proposed rules.
The new sections are adopted pursuant to Section 3 and Section
5(d) of Article 249e, Vernon's Texas Civil Statutes, which prohibit unregistered
persons from using the title "interior designer" and the term "interior design"
and also provide the Texas Board of Architectural Examiners with authority
to promulgate rules necessary to carry out its statutory duty to enforce the
Act.
§5.132.Association.
(a)
An Interior Designer who forms a business association,
either formally or informally, to jointly offer services designated as "interior
design" with any person who is not a duly registered Texas Interior Designer
or bona fide employee working in the same firm where the Interior Designer
is employed or with any group of individuals who are not duly registered Texas
Interior Designers shall, prior to offering such services on behalf of the
business association, enter into a written agreement of association with the
nonregistrant whereby the Interior Designer agrees to be responsible for the
preparation of all Construction Documents prepared and issued for use in Texas
pursuant to the agreement of association. All Construction Documents prepared
and issued for use in Texas pursuant to the agreement of association shall
be prepared by the Interior Designer or under the Interior Designer's supervision
and control.
(b)
The written agreement of association shall be signed by
all parties to the agreement. In addition to the provisions of subsection
(a) of this section, the written agreement of association shall contain the
following:
(1)
The date when the agreement to associate is effective and
the approximate date when the association will be dissolved if such association
is not to be a continuing relationship. If the association is to be a continuing
relationship, that fact shall be so noted in the agreement. If the association
is only for one project, the project shall be identified in the agreement
of association by listing both the client's and the project's names and addresses.
(2)
The name, address, telephone number, registration number,
and signature of each Interior Designer who has agreed to associate with the
nonregistrant(s).
(3)
The name, address, telephone number, and signature of each
nonregistrant with whom the Interior Designer has agreed to associate.
(c)
All Construction Documents prepared pursuant to the association
described in this section shall be sealed, signed, and dated in accordance
with the provisions of Subchapter F.
(d)
Paper or microform copies of all Construction Documents
resulting from the association, together with the written agreement of association,
shall be retained by the Interior Designer who sealed them and made available
for review by the Board for ten (10) years from the date of substantial completion
of each project.
§5.133.Titles.
(a)
Interior Designers duly registered in Texas are authorized
to use the title "interior designer" to describe themselves and use the term
"interior design" to describe services they offer and perform in Texas.
(b)
A firm, partnership, corporation, or other business association
may use the title "interior designer" or the term "interior design" in its
name or to describe services it offers or performs in Texas only under the
following conditions:
(1)
The business employs at least one Interior Designer on
a full-time basis or associates with at least one Interior Designer pursuant
to the provisions of section 5.132; and
(2)
The Interior Designer(s) employed by or associated with
the business pursuant to subsection (b)(1) of this section exercise Supervision
and Control over all interior design services performed by nonregistrants
on behalf of the business.
(c)
No entity other than those qualified under subsections
(a) and (b) of this section may use the title "interior designer" or the term
"interior design" in its name or to describe services it offers or performs
in Texas.
(d)
A person participating in an internship to complete the
experiential requirements for interior design registration in Texas may use
the title "interior design intern."
§5.134.Business Registration.
(a)
Each business entity or association that uses the title
"interior designer" or the term "interior design" to describe itself or a
service it offers or performs in Texas must register with the Board by submitting
a completed business registration form accompanied by at least one duly executed
Interior Designer of Record affidavit. Blank business registration forms and
Interior Designer of Record affidavit forms may be requested by contacting
the Board's office.
(b)
Once the Board has received a completed business registration
form and a duly executed Interior Designer of Record affidavit from a business
entity or association, the Board shall enter the entity's or association's
name into its registry of business entities and associations that are authorized
to use the title "interior designer" and the term "interior design" to describe
themselves and services they offer and perform in Texas.
(c)
If an Interior Designer who has signed an Interior Designer
of Record affidavit ceases to provide interior design services on behalf of
the business entity or association for which the Interior Designer signed
the affidavit, the Interior Designer must notify the Board in writing. Such
notification must be postmarked within thirty (30) days of the date the Interior
Designer ceases to provide interior design services on behalf of the business
entity or association.
(d)
Effective September 1, 2001, the Board may establish a
business registration fee. All business entities required to register with
the Board pursuant to the provisions of this section shall pay the business
registration fee as prescribed by the Board.
(e)
An Interior Designer who is a sole proprietor doing business
under his/her own name shall be exempt from the requirements of subsections
(a) - (d) of this section.
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 7, 2001.
TRD-200100785
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: February 27, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 305-8535
Subchapter C. EXAMINATIONS
Subchapter G. COMPLIANCE AND ENFORCEMENT
Subchapter H. PROFESSIONAL CONDUCT
Subchapter K. PRACTICE; ARCHITECT REQUIRED
Chapter 3.
LANDSCAPE ARCHITECTS
Subchapter G. COMPLIANCE AND ENFORCEMENT
Subchapter H. PROFESSIONAL CONDUCT
Chapter 5.
INTERIOR DESIGNERS
Subchapter G. COMPLIANCE AND ENFORCEMENT
Subchapter H. PROFESSIONAL CONDUCT