For further information, please call: (512) 305-8535

The Texas Board of Architectural Examiners proposes new §1.23 which sets forth the procedures for applying for architectural registration in Texas.

New §1.23 requires all applicants to apply for registration through the National Council of Architectural Registration Boards (NCARB) and allows the Board to require additional information or documentation from the applicant during the review process. It requires the Board to notify each applicant in writing regarding approval or rejection of the application.

The public benefits expected as a result of the new rule are that it will be easier for persons affected by the rule's provisions to understand and abide by them and that it will be clear that the Board may require additional information or documentation from an applicant to supplement the NCARB application materials.

There is expected to be no measurable impact on small business or individuals.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.

The new rule is proposed 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 necessary to the performance of its duties.

These proposed sections do not affect any other statutes.

§1.23.Application Process.

(a)

Applicants for architectural registration by examination or by reciprocal transfer must apply through NCARB. Each Applicant for architectural registration is responsible for having NCARB transmit to the Board a completed application with all required supporting documentation.

(b)

Upon receipt of the completed application and all required supporting documentation from NCARB and receipt of the required application fee, the Board shall evaluate the Applicant's application materials. The Board may require additional information or documentation from the Applicant.

(c)

The board will notify each Applicant in writing regarding the approval or rejection of the Applicant's application.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102261

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: June 3, 2001

For further information, please call: (512) 305-8535

22 TAC §1.24

The Texas Board of Architectural Examiners proposes an amendment to Chapter 1, Subchapter B, §1.24 concerning fees. The amendment is intended to clarify the existing rule and also intended to require that the Board publish its fee schedule.

There is expected to be no cost to small businesses or individuals as a result of this amendment.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.

The amendment is proposed pursuant to Section 3(b) and Section 3(h) of Article 249a, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties, including rules related to fees for services provided by the Board.

This proposed amendment does not affect any other statutes.

§1.24.Fees.

The Board shall establish a schedule of fees for services provided by the Board, including fees related to application procedures. The fee schedule established by the Board shall be published, and copies shall be available from the Board's office. [ ~~The current schedule of fees required by the Board for application, examination, registration, renewal, and reinstatement is available from the Board's office.~~ ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102262

For further information, please call: (512) 305-8535

22 TAC §§1.25 - 1.29

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §1.25 pertaining to how the Board will process an application upon its receipt from NCARB; §1.26 pertaining to notifying applicants of the approval or rejection of their applications; §1.27 pertaining to the length of time an application will be maintained; §1.28 pertaining to reciprocal transfers; and §1.29 pertaining to education and experience equivalencies.

Simultaneously, the agency is proposing new rules 1.23(b), 1.23(c), 1.25, 1.22 and 1.23(c), and 1.21(b) to replace rules 1.25, 1.26, 1.27, 1.28 and 1.29, respectively which are proposed for repeal. Due to the extensive modifications proposed in the new rule, amending the existing rule is less practical than repealing the existing rule and publishing a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 1, Subchapter B, as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.

This proposed repeal does not affect any other statutes.

§1.25.Processing

§1.26.Approval/Rejection.

§1.27.Continuance.

§1.28.Reciprocal Transfer.

§1.29.Education and Experience Equivalencies.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102266

For further information, please call: (512) 305-8535

22 TAC §1.25

The Texas Board of Architectural Examiners proposes new §1.25 which sets forth conditions under which a properly submitted application will continue to be valid.

New §1.25 states that an application will remain valid for three years, after which the Board may require the applicant or candidate to update the application or reapply. It requires an applicant or candidate to pay an annual record maintenance fee or the application file will be closed. It also allows a closed application file to be reopened during the five years following its closure as long as all unpaid record maintenance fees are paid.

The public benefits expected as a result of the new rule are that it will be easier for persons affected by the rule's provisions to understand them and that applicants will have an additional two years during which they may reopen closed files.

There is expected to be no measurable impact on small business or individuals.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.

These proposed sections do not affect any other statutes.

§1.25.Pending Applications.

A properly submitted application for registration by examination will be effective for three years from the date it is received by the Board. After three years, the Board may require the Applicant or Candidate to update the application or reapply.

Each Candidate approved for examination must pay an annual record maintenance fee as prescribed by the Board or the Candidate's application file will be closed. A Candidate may reopen an application file that was closed pursuant to this section only after payment of record maintenance fees for the current year and for each year the file has been closed. An application file that has been closed for five years or longer may not be reopened.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102263

For further information, please call: (512) 305-8535

Subchapter C. EXAMINATIONS

22 TAC §§1.41 - 1.49, 1.51

The Texas Board of Architectural Examiners proposes the repeal of §1.41 pertaining to who is required to take the examination; §1.42 pertaining to when the examination may be taken; §1.43 pertaining to how the examination will be formatted; §1.44 pertaining to when, where, and how candidates must report for the exam;§1.45 pertaining to the conditions which must be provided at the place where the examination is given; §1.46 pertaining to how scores will be reported to exam participants; §1.47 pertaining to how an individual may obtain printed subject matter pertaining to the examination; §1.48 pertaining to the conditions under which a candidate may retake individual divisions of the examination; §1.49 pertaining to the conditions under which passing scores may be exchanged with other NCARB member boards; and §1.51 pertaining to how long examination material will be maintained.

Simultaneously, the agency is proposing new rules with section numbers 1.41 through 1.44 to replace the rules proposed for repeal. 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 C, as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to §3(b) of Article 249a, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary to perform its statutory duties.

This proposed repeal does not affect any other statutes.

§1.47.Subject Matter.

§1.48.Reexamination.

§1.49.Transfer of Passing Scores.

§1.51.Disposal of Examination Material.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102268

For further information, please call: (512) 305-8535

22 TAC §§1.41 - 1.44

The Texas Board of Architectural Examiners proposes new §1.41 which sets forth the general requirements for the architectural registration examination in Texas; new §1.42 pertaining to scoring procedures for the architectural registration examination; new §1.43 relating to the timeframe within which the registration exam must be completed; and new §1.44 pertaining to transferring examination scores to other architectural registration boards and the conditions under which the Texas board will accept scores transferred from other boards.

New §1.41 states that applicants must complete all sections of the Architect Registration Examination (ARE) and requires that every applicant obtain approval from the Board to take the exam. The Board may approve an applicant only if the applicant has completed all of the educational requirements and at least six months of the experiential requirements. It also requires each candidate to achieve a passing score in every division of the ARE. New §1.42 requires the Board to provide an explanation of the scoring procedures to each candidate prior to examination. It stipulates that the scores be determined by the entity that administers the examination and prohibits the Board from reviewing the scores to determine validity. It relieves the Board of liability in the event a candidate takes a section(s) of the exam but fails to receive a score, instead authorizing the candidate to retake the section or sections with the corresponding fee waived. New § 1.43 requires each candidate approved for examination after December 31, 2001, to pass all sections within five years after the approval date or forfeit credit for each section passed and be required to submit a new registration application in order to obtain approval to take the examination again. It requires each candidate approved for examination by the Board prior to January 1, 2002, to pass all sections of the examination no later than December 31, 2006, or forfeit credit for each section passed and be required to submit a new registration application in order to obtain approval to take the examination again. New §1.44 makes it possible for a candidate's examination score to be transferred from one National Council of Architectural Registration Boards (NCARB) member board to another but allows a candidate to maintain only one active application at a time. It requires that a candidate whose examination score is transferred to Texas to satisfy all current requirements for architectural registration in Texas and to pass all sections of the examination no later than five years from the date the first examination section was passed or forfeit credit for each section passed and be required to submit a new registration application in order to obtain approval to take the examination again.

Cathy L. Hendricks, Executive Director, anticipates that for each of the first five years the proposed sections are in effect, there will be no measurable fiscal implications for state or local government as a result of enforcing or administering the new sections.

The public benefits expected as a result of the new rules are that it will be easier for persons affected by the provisions of the rules to understand them and also that the limitation on opportunities for retaking the exam will better ensure that persons approved for registration possess the knowledge and skills necessary for competent professional practice.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new sections are proposed pursuant to §6 and §3(b) of Article 249a, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to the registration examination.

These proposed sections do not affect any other statutes.

§1.41.Requirements.

Every Applicant for architectural registration by examination in Texas must successfully complete all sections of the Architect Registration Examination (ARE).

An Applicant may take the ARE at any official ARE testing center but must satisfy all Texas registration requirements in order to obtain architectural registration by examination in Texas.

The Board shall not approve an Applicant for examination unless the Applicant has completed the educational requirements and at least six (6) months of the experiential requirements for architectural registration in Texas.

Each Candidate must achieve a passing score in each division of the ARE. Scores from individual divisions may not be averaged to achieve a passing score.

§1.42.Scoring.

An explanation of the scoring procedures for the ARE shall be provided to each Candidate prior to examination.

A Candidate's ARE scores shall be determined by the entity that administers the examination. The Board shall not review any ARE score to determine its validity.

If, for any reason, a Candidate takes a section or sections of the ARE but does not receive a score for the section or sections, the Board shall have no liability beyond authorizing the Candidate to retake the section or sections with the corresponding fee waived.

§1.43.Reexamination.

Each Candidate who, after December 31, 2001, is approved for examination by the Board must pass all sections of the examination within five years after the date the Candidate is approved for examination by the Board. A Candidate approved for examination by the Board after December 31, 2001, who does not pass all sections of the examination within five years after approval will forfeit credit for each section of the examination passed and must submit a new registration application in order to obtain approval to take the examination again.

Each Candidate approved for examination by the Board prior to January 1, 2002, must pass all sections of the examination no later than December 31, 2006. A Candidate approved for examination by the Board prior to January 1, 2002, who does not pass all sections of the examination by December 31, 2006, will forfeit credit for each section of the examination passed and must submit a new registration application in order to obtain approval to take the examination again.

§1.44.Transfer of Passing Scores.

A Candidate's examination score may be transferred from one NCARB member board to another. The acceptance of the Candidate's score by the board receiving the score shall terminate the Candidate's application with the board transferring the score so that the Candidate has an application pending in only one jurisdiction at all times. In order to be approved for architectural registration in Texas, a Candidate whose examination score is transferred to Texas must satisfy all current requirements for architectural registration in Texas.

If a Candidate's examination score is transferred from another member board and accepted by the Board, the Candidate must pass all sections of the examination no later than five years from the date the first examination section was passed. If the Candidate does not pass all sections of the examination within the five-year period, the Candidate will forfeit credit for each section of the examination passed and must submit a new registration application in order to obtain approval to take the examination again.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102267

For further information, please call: (512) 305-8535

Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION

22 TAC §§1.61 - 1.72

The Texas Board of Architectural Examiners proposes the repeal of §1.61 pertaining to who is eligible to receive a certificate of registration; §1.62 pertaining to conditions under which certificates of registration are issued; §1.63 pertaining to conditions under which a certificate of registration must be displayed; §1.64 pertaining to obtaining a replacement certificate of registration;§1.65 pertaining to conditions under which a certificate of registration must be surrendered; §1.66 pertaining to the requirement to register annually; §1.67 pertaining to how annual registration renewal notices will be provided; §1.68 pertaining to consequences of failing to register annually; §1.69 pertaining to how a registration which has been revoked may be reinstated; §1.70 pertaining to requirement to comply with requirements of the Texas Education Code, §57.491 regarding student loan repayment; §1.71 pertaining to eligibility for and restrictions on inactive status; and §1.72 pertaining to continuing education requirements for registration renewal.

Simultaneously, the agency is proposing new rules with section numbers 1.61 through 1.69 to replace the rules proposed for repeal. 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 D, as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

This proposed repeal does not affect any other statutes.

§1.61.Certificates of Registration.

§1.62.Issuance and Description.

§1.63.Display of Certificate.

§1.64.Replacement Certificate.

§1.65.Surrender of Certificates.

§1.66.Annual Registration Required.

§1.67.Annual Registration Procedure.

§1.68.Failure to Register Annually.

§1.69.Reinstatement.

§1.70.Denial of Annual Renewal.

§1.71.Inactive Registration Status.

§1.72.Continuing Education Program Requirements.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102270

For further information, please call: (512) 305-8535

22 TAC §§1.61 - 1.69

The Texas Board of Architectural Examiners proposes new §1.61 which describes who is qualified to receive a certificate of registration and what information will be provided on the certificate; new §1.62 pertaining to where a certificate of registration must be displayed and how to acquire duplicate copies for display in multiple locations; new §1.63 relating to the conditions under which a registrant may obtain a replacement certificate of registration; new §1.64 pertaining to the conditions under which a certificate of registration must be surrendered to the Board; new §1.65 pertaining to when and how a certificate of registration must be renewed; new §1.66 pertaining to how a revoked certificate of registration may be reinstated; new §1.67 pertaining to the discontinuation of emeritus status and the options available to registrants who currently have an emeritus registration; new §1.68 pertaining to inactive status for certificates of registration, and new §1.69 pertaining to continuing education requirements that must be met in order for a registrant to renew a certificate of registration.

Cathy L. Hendricks, Executive Director, anticipates that for each of the first five years the proposed sections are in effect the fiscal implications for state or local government as a result of enforcing or administering the new sections might include a slight increase in revenue from architects who currently hold emeritus status and wish to switch to active status. This slight increase should be offset by costs related to enforcement of the new emeritus rule.

The public benefits expected as a result of the new rules are that persons affected by the provisions of the rules will be better able to understand and follow them and also that the confusion surrounding emeritus status will be eliminated.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new sections are proposed pursuant to §3(b), §11A, §12, and §3(e) of Article 249a, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to certificates of registration, annual renewal, inactive status, and continuing education.

These proposed sections do not affect any other statutes.

§1.61.Issuance of Certificates of Registration.

Certificates of registration shall be issued to individuals who have satisfied the registration requirements as described in the Architects' Registration Law and the Rules and Regulations of the Board.

Each certificate of registration issued by the Board shall identify the Architect by name and registration number, indicate the effective date of the registration, and acknowledge the Architect's right to practice architecture in Texas.

§1.62.Display of Certificate.

Each Architect holding an active certificate of registration shall display it at his/her place of practice. If an Architect maintains an office in more than one location, the Architect shall display a duplicate certificate at each additional location.

A duplicate certificate may be obtained only by filing with the Board an application for a duplicate certificate and paying a fee as prescribed by the Board. An Architect may not copy his/her certificate of registration in order to display it.

§1.63.Replacement of Certificate.

If an Architect's certificate of registration is lost or destroyed and the Architect's registration is current and in good standing, the Architect may obtain a replacement certificate by:

submitting a written explanation regarding the loss or destruction of the certificate which requests a replacement certificate; and

paying the fee prescribed by the Board for the replacement of a certificate of registration.

§1.64.Surrender of Certificate.

Upon receipt of written notice from the Board requiring the surrender of a certificate of registration that has been suspended or revoked, an Architect or former Architect shall immediately surrender his/her certificate of registration in the manner prescribed in the notice.

§1.65.Annual Renewal Procedure.

Each certificate of registration must be renewed annually on or before the specified expiration date of the certificate of registration.

Each Architect must pay an annual registration renewal fee as prescribed by the Board to renew his/her certificate of registration.

The Board shall send annual registration renewal notices to each Architect at the Architect's most current address of record. Instructions and deadlines for remitting a completed registration renewal form and the prescribed fee will appear on each notice. An Architect must notify the Board in writing each time the Architect's address of record changes.

If an Architect fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Architect's certificate of registration, the Board shall impose a late payment penalty that must be paid before the Architect's certificate of registration may be renewed.

If the Board receives official notice that an Architect has defaulted on the repayment of a guaranteed student loan, the Board may not renew the Architect's certificate of registration unless:

the Architect presents to the Board a certificate from the Texas Guaranteed Student Loan Corporation certifying that the Architect has entered into a repayment agreement for the defaulted loan; or

the renewal is the first renewal following the Board's receipt of official notice regarding the default.

If the Board receives official notice that an Architect has failed to pay court ordered child support, the Board may be prohibited from renewing the Architect's certificate of registration.

If a certificate of registration is not renewed within one year of the specified registration expiration date, the Board may take formal action to revoke the certificate of registration.

§1.66.Reinstatement.

Once the revocation, cancellation, or surrender of an Architect's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid.

An application for reinstatement may be denied on the following grounds:

the certificate of registration has been revoked for a continuous period of five years or longer; or

the reinstatement Applicant has committed any act that could serve as the basis for the rejection of an application for registration or for the revocation of a certificate of registration.

If a certificate of registration has been revoked for a continuous period of five years or longer, one of the following shall be required prior to approval of an application for reinstatement:

successful completion of all sections of the current registration examination during the five years immediately preceding reinstatement; or

verification that the Applicant currently holds an architectural registration that is active and in good standing in another jurisdiction where the registration requirements are substantially equivalent to Texas architectural registration requirements.

§1.67.Emeritus Status.

Effective September 1, 2001, an Architect may not request or continue an emeritus architectural registration. Every Architect who holds an emeritus registration on September 1, 2001, must transfer to active or inactive status on or before the Architect's next registration expiration date in order to continue to hold a valid certificate of registration. The status change fee will be waived for each emeritus Architect who transfers to active or inactive status.

§1.68.Inactive Status.

An Architect whose registration is active and in good standing may apply for inactive registration status on a form prescribed by the Board before the expiration date of the registration.

An inactive registrant may not practice architecture or use any form of the title "architect" to describe the registrant or the registrant's work. If an inactive registrant practices architecture or uses any form of the title "architect" improperly, the inactive registrant's registration may be suspended or revoked or the inactive registrant may be fined up to $1,000 for each day that the inactive registrant has practiced architecture or used a form of the title "architect" improperly.

An inactive registrant shall not use or display his/her architectural seal, registration certificate, or pocket card during any period that his/her registration is inactive.

An inactive registrant shall pay an annual record maintenance fee as prescribed by the Board.

An inactive registrant shall pay an annual fee for the architectural candidate scholarship fund established by the 76th Texas Legislature.

In order to return his/her registration to active status, an inactive registrant must:

apply on a form prescribed by the Board;

complete all continuing education requirements for each year the registration was inactive; and

pay a fee as prescribed by the Board.

An inactive registrant whose registration has been inactive for a continuous period of five years or longer must do the following before the inactive registrant may return to active status:

successfully complete all sections of the current registration examination during the five years immediately preceding return to active status; or

furnish evidence that the inactive registrant currently holds an architectural registration in another jurisdiction where the registration requirements are substantially equivalent to Texas architectural registration requirements and that the current architectural registration is active and in good standing.

Applications to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.

(i)

The Board may require that applications to return to active status include verification that the Applicant has complied with the laws governing the practice of architecture.

§1.69.Continuing Education Requirements.

Each Architect shall complete a minimum of eight (8) continuing education program hours (CEPH) during each annual registration period. One CEPH shall represent a minimum of 50 minutes of actual course time. No credit shall be awarded for introductory remarks, meals, breaks, or business/administration matters related to courses of study.

Architects shall complete a minimum of five (5) CEPH in structured course study. Structured course study shall consist of participation in educational activities presented by individuals or groups qualified by professional, practical, or academic experience to conduct courses of study, including monographs offered by the National Council of Architectural Registration Boards. No credit shall be awarded for the same structured course for which the Architect has claimed credit during the preceding three (3) years.

Architects may complete a maximum of three (3) CEPH in self-directed study. One (1) CEPH shall represent one (1) hour of self-directed study. Self-directed study must utilize articles, monographs, or other study materials that the Architect has not previously utilized for self-directed study.

Topics for the eight (8) CEPH shall satisfy the following requirements: All CEPH shall include the study of relevant technical and professional architectural subjects pertinent to the health, safety and welfare of the public. The study of topics related to barrier-free design must be used to satisfy the requirements for at least one (1) of the eight (8) CEPH.

The Board has final authority to determine whether to award or deny credit claimed by an Architect for continuing education activities. The following types of activities may qualify to fulfill continuing education program requirements:

Attendance at courses or seminars dealing with technical architectural subjects sponsored by colleges or universities;

Attendance at technical presentations or workshops on architectural subjects which are held in conjunction with conventions or seminars and are related to materials use and function;

Attendance at courses or seminars related to ethical business practices or new technology and offered by colleges, universities, professional organizations, or system suppliers;

Three (3) CEPH may be claimed per class hour spent teaching architectural courses or seminars as long as the Architect has not previously claimed credit for teaching the same course. College or university faculty may not claim credit for teaching.

Hours spent in professional service to the general public which draws upon the Architect's professional expertise, such as serving on planning commissions, building code advisory boards, urban renewal boards, or code study committees;

Hours spent in architectural research which is published or formally presented to the profession or public during the annual registration period;

(7)

Hours spent in architectural self-directed study programs such as those organized or sponsored by the American Institute of Architects, the National Council of Architectural Registration Boards, or similar organizations acceptable to the Board.

(8)

College or university credit courses dealing with architectural subjects or ethical business practices; each semester credit hour shall equal one (1) CEPH; each quarter credit hour shall equal one (1) CEPH;

(9)

One (1) CEPH may be claimed for attendance at one (1) full-day session of a meeting of the Texas Board of Architectural Examiners; an Architect must attend the entire full-day session in order to receive credit.

An Architect may be exempt from the continuing education requirements described in this subchapter for any of the following reasons:

An Architect who is a first-time new Architect by examination or first-time Architect by reciprocity shall be exempt for his/her initial registration period, which shall not exceed one year;

An emeritus Architect shall be exempt for any registration period during which the Architect's registration is in Emeritus Status;

An inactive registrant shall be exempt for any registration period during which the registrant's registration is in inactive status, but all continuing education credits for each period of inactive registration shall be completed before the inactive registrant's registration may be returned to active status;

An Architect who is not a full-time member of the Armed Forces shall be exempt for any registration period during which the Architect serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days;

An Architect who has an active registration in another jurisdiction that has registration requirements which are substantially similar to Texas registration requirements and that has a mandatory continuing education program shall be exempt for any registration period during which the Architect satisfies such other jurisdiction's continuing education program requirements; or

An Architect who is, as of September 1, 1999, a full-time faculty member or other permanent employee of an institution of higher education, as defined in Section 61.003, Education Code, and who in such position is engaged in teaching architecture.

When renewing his/her annual registration, each Architect shall sign the statement on the renewal form attesting to the Architect's fulfillment of the mandatory continuing education program requirements during the preceding registration period. A maximum of eight (8) CEPH may be carried from one registration period to the next.

A detailed record of the Architect's continuing education activities shall be recorded annually. Each Architect shall retain proof of fulfillment of the mandatory continuing education program requirements and shall retain the annual record of continuing education activities required by this subsection for a period of three years after the end of the registration period for which credit is claimed.

Upon written request, the Board may require an Architect to produce documentation to prove that the Architect has complied with the mandatory continuing education program requirements. The Architect shall be required to produce the documentation in the manner prescribed in the Board's written request. If acceptable documentation is not provided within thirty (30) days of request, claimed credit may be disallowed. The Architect shall have 180 calendar days after notification of disallowance of credit to substantiate the original claim or earn other CEPH credit to fulfill the minimum requirements. Such credit shall not be counted again for another registration period.

Failure to fulfill the annual continuing education program requirements may result in disciplinary action by the Board.

Any Architect who is found to have reported false information regarding the Architect's continuing education activities may be subject to disciplinary action by the Board.

If an Architect is registered to practice more than one of the professions regulated by the Board and the Architect completes a continuing education activity that is directly related to more than one of the professions regulated by the Board, the Architect may submit that activity for credit for all of the professions to which it directly relates. The Architect must maintain a separate detailed record of continuing education activities for each profession.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102269

For further information, please call: (512) 305-8535

Chapter 3. LANDSCAPE ARCHITECTS

Subchapter B. REGISTRATION

22 TAC §3.21

The Texas Board of Architectural Examiners proposes an amendment to Chapter 3, Subchapter B, §3.21 concerning the conditions under which an applicant may obtain landscape architectural registration in Texas. The amendment to this section is intended to clarify the eligibility requirements for landscape architectural registration in Texas.

There is expected to be no cost to small businesses or individuals as a result of the amendment.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 4(a) and Section 5(a) of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties, including the duty to establish registration standards.

This proposed amendment does not affect any other statutes.

Registration by Examination [ ~~Eligibility~~ ]. (a)

In order to obtain landscape architectural registration by examination in Texas, an Applicant:

[ ~~(a)~~

An applicant for landscape architectural registration by examination in Texas shall have received a professional degree from a landscape architectural education program accredited by the Landscape Architectural Accreditation Board (LAAB) and shall successfully demonstrate that he/she has completed not less than two years' actual experience working directly under a licensed landscape architect or other experience approved by the Board. ]

shall have a professional degree from a landscape architectural educational program accredited by the Landscape Architectural Accreditation Board (LAAB) or from a landscape architectural educational program outside the United States where an evaluation similar to an Educational Evaluation Service for Architects (EESA) has concluded that the program is equivalent to an LAAB accredited professional program;

shall successfully demonstrate that he/she has gained not less than two years' actual experience working directly under a licensed landscape architect or other experience approved by the Board pursuant to the Texas Table of Equivalents for Education and Experience in Landscape Architecture; and

shall successfully complete the landscape architectural registration examination as more fully described in Subchapter C of the Rules and Regulations of the Board.

An Applicant [ ~~applicant~~ ] for landscape architectural registration by examination who commenced his/her landscape architectural education or experience [ ~~in landscape architecture~~ ] prior to September 1, 1999, shall be subject to the rules and regulations relating to educational and experiential requirements as they existed on August 31, 1999. [ ~~in effect at that time.~~ ]

For purposes of this section, an Applicant [ ~~applicant~~ ] shall be considered to have "commenced" his/her landscape architectural education upon enrollment in an acceptable landscape architectural education program.

~~[ ~~(d)~~~~

Effective August 16, 1996, applicants for the June 1997 and subsequent Landscape Architect Registration Examination administrations shall process their applications through the Council of Landscape Architectural Registration Boards (CLARB).]

[ ~~(e)~~ ] Pursuant to the provisions of §231.302 of the Texas Family Code, each Applicant [ ~~applicant~~ ] shall submit his/her social security number to [ ~~on forms prescribed by~~ ] the Board. The Applicant's social security number [ ~~Such information~~ ]shall be considered confidential as stated in §231.302(e) of the Texas Family Code.

The Board may take action against an Applicant or Candidate pursuant to §3.151 of the Rules and Regulations of the Board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102271

For further information, please call: (512) 305-8535

§3.21.22 TAC §3.22

The Texas Board of Architectural Examiners proposes the repeal of §3.22 pertaining to the factors which would cause the denial of an applicant's eligibility as a candidate for registration.

Simultaneously, the agency is proposing a new rule with section number 3.21(e) to replace the rule proposed for repeal. Due to the extensive modifications proposed in the new rule, amending the existing rule is less practical than repealing the existing rule and publishing a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 3, Subchapter B as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed 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 necessary to perform its statutory duties.

This proposed repeal does not affect any other statutes.

§3.22.Exceptions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102276

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: June 3, 2001

For further information, please call: (512) 305-8535

The Texas Board of Architectural Examiners proposes new §3.22 which pertains to allowing a landscape architect from another jurisdiction to apply for registration in Texas by reciprocal transfer. The new rule changes the requirements for reciprocal registration from a complex scheme involving somewhat confusing standards to a much simpler set of standards that more closely follow the current statutory language.

Due to the proposal of extensive modifications, publishing an amendment to the existing rule is less practical than the alternative of repealing the existing rule and publishing a new rule. The new rule is being proposed as a result of the agency's review of Title 22, Chapter 3, Subchapter B, as mandated by Article IX of the General Appropriations Act.

New §3.22 requires that an individual seeking landscape architectural registration through reciprocal transfer must demonstrate that he or she has an active registration in good standing in another jurisdiction whose registration requirements are substantially equivalent to those of Texas or that he or she currently is certified by the Council of Landscape Architectural Registration Boards.

The public benefits expected as a result of the new rule are that the requirements for reciprocal registration will be simpler and, therefore, easier to apply.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new rule is proposed pursuant to Section 4(a) and Section (6) of Article 249c, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate, including rules regarding reciprocal registration standards.

The proposed new rule does not affect any other statutes.

§3.22.Registration by Reciprocal Transfer.

(a)

A person who holds a valid certificate of landscape architectural registration in another jurisdiction may apply for landscape architectural registration in Texas by reciprocal transfer.

(b)

In order to obtain landscape architectural registration by reciprocal transfer, an Applicant must demonstrate the following:

(1)

The Applicant currently holds a landscape architectural registration that is active and in good standing in another jurisdiction and that jurisdiction's landscape architectural registration requirements are substantially equivalent to Texas landscape architectural registration requirements; or

(2)

the Applicant currently holds a Council Certificate from the Council of Landscape Architectural Registration Boards (CLARB) that is in good standing.

(c)

An Applicant for landscape architectural registration by reciprocal transfer must remit the required registration fee to the Board within sixty (60) days of the date of the tentative approval letter sent to the Applicant by the Board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102272

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: June 3, 2001

For further information, please call: (512) 305-8535

22 TAC §3.23

The Texas Board of Architectural Examiners proposes the repeal of §3.23 pertaining to the forms and instructions an application needs to submit an application for registration.

Simultaneously, the agency is proposing a new rule with section number 3.23(a) to replace the rule proposed for repeal. Due to the extensive modifications proposed in the new rule, amending the existing rule is less practical than repealing the existing rule and publishing a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 3, Subchapter B as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

This proposed repeal does not affect any other statutes.

§3.23.Forms and Instructions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102277

For further information, please call: (512) 305-8535

The Texas Board of Architectural Examiners proposes new §3.23 which sets forth the procedures for applying for landscape architectural registration in Texas.

Due to the proposal of extensive modifications, publishing an amendment to the existing rule is less practical than the alternative of repealing the existing rule and publishing a new rule. The new rule is being proposed as a result of the agency's review of Title 22, Chapter 3, Subchapter B, as mandated by Article IX of the General Appropriations Act.

New §3.23 requires all applicants to apply for registration through the Council of Landscape Architectural Registration Boards (CLARB) and allows the Board to require additional information or documentation from the applicant during the review process. It requires the Board to notify each applicant in writing regarding approval or rejection of the application.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new rule is proposed 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 necessary to the performance of its duties.

The proposed new rule does not affect any other statutes.

§3.23.Application Process.

(a)

Applicants for landscape architectural registration by examination or by reciprocal transfer must apply through CLARB. Each Applicant for landscape architectural registration is responsible for having CLARB transmit to the Board a completed application with all required supporting documentation.

(b)

Upon receipt of the completed application and all required supporting documentation from CLARB and receipt of the required application fee, the Board shall evaluate the Applicant's application materials. The Board may require additional information or documentation from the Applicant.

(c)

The Board will notify each Applicant in writing regarding the approval or rejection of the Applicant's application.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102273

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: June 3, 2001

For further information, please call: (512) 305-8535

22 TAC §3.24

The Texas Board of Architectural Examiners proposes an amendment to Chapter 3, Subchapter B, §3.24 concerning fees. The amendment is intended to clarify the existing rule and also intended to require that the Board publish its fee schedule.

There is expected to be no cost to small businesses or individuals as a result of the amendment.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 4(a) and Section 4(b) of Article 249c, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties, including rules related to fees for services provided by the Board.

This proposed amendment does not affect any other statutes.

§3.24.Fees.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102274

For further information, please call: (512) 305-8535

22 TAC §§3.25 - 3.28

The Texas Board of Architectural Examiners proposes the repeal of §3.25 pertaining to how the Board will process an application upon its receipt from NCARB; §3.26 pertaining to notifying applicants of the approval or rejection of their applications; §3.27 pertaining to the length of time an application will be maintained; and §3.28 pertaining to reciprocal transfers.

Simultaneously, the agency is proposing new rules 3.42(c) and 3.41(b), 3.23(c), 3.25(a), and 3.22 to replace rules 3.25, 3.26, 3.27, and 3.28, respectively, which are proposed for repeal. Due to the extensive modifications proposed in the new rule, amending the existing rule is less practical than repealing the existing rule and publishing a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 3, Subchapter B as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeals are proposed 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 necessary to perform its statutory duties.

The proposed repeals do not affect any other statutes.

§3.25.Processing.

§3.26.Approval/Rejection.

§3.27.Continuance.

§3.28.Reciprocal Transfer.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102278

For further information, please call: (512) 305-8535

22 TAC §3.25

The Texas Board of Architectural Examiners proposes new §3.25 which sets forth conditions under which a properly submitted application will continue to be valid.

Due to the proposal of extensive modifications, publishing an amendment to the existing rule is less practical than the alternative of repealing the existing rule and publishing a new rule. The new rule is being proposed as a result of the agency's review of Title 22, Chapter 3, Subchapter B, as mandated by Article IX of the General Appropriations Act.

New §3.25 states that an application will remain valid for three years, after which the Board may require the applicant or candidate to update the application or reapply. It requires an applicant or candidate to pay an annual record maintenance fee or the application file will be closed. It also allows a closed application file to be reopened during the five years following its closure as long as all unpaid record maintenance fees are paid.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The proposed new rule does not affect any other statutes.

§3.25.Pending Applications.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102275

For further information, please call: (512) 305-8535

Subchapter C. WRITTEN EXAMINATIONS

22 TAC §§3.41 - 3.51

The Texas Board of Architectural Examiners proposes the repeal of §3.41 pertaining to who is required to take the examination; §3.42 pertaining to when the examination may be taken; §3.43 pertaining to how the examination will be formatted; §3.44 pertaining to when, where, and how candidates must report for the exam;§3.45 pertaining to the conditions which must be provided at the place where the examination is given; §3.46 pertaining to how scores will be reported to exam participants; §3.47 pertaining to how an individual may obtain printed subject matter pertaining to the examination; §3.48 pertaining to the conditions under which a candidate may retake individual divisions of the examination; §3.49 pertaining to the conditions under which passing scores may be exchanged with other CLARB member boards; §3.50 pertaining to the conditions under which a candidate will be required to reapply to take the examination; and §3.51 pertaining to how long examination material will be maintained.

Simultaneously, the agency is proposing new rules with §§3.41 - 3.44 to replace the rules proposed for repeal. 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 C as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to §4(a) of Article 249c, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary to perform its statutory duties.

This proposed repeal does not affect any other statutes.

§3.47.Subject Matter.

§3.48.Reexamination.

§3.49.Transfer of Passing Scores.

§3.50.Reapplication.

§3.51.Disposal of Examination Material.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102280

For further information, please call: (512) 305-8535

22 TAC §§3.41 - 3.44

The Texas Board of Architectural Examiners proposes new §3.41 which sets forth the general requirements for the landscape architectural registration examination in Texas; new §3.42 pertaining to scoring procedures for the landscape architectural registration examination; new §3.43 relating to the timeframe within which the registration exam must be completed; and new §3.44 pertaining to transferring examination scores to other landscape architectural registration boards and the conditions under which the Texas board will accept scores transferred from other boards.

New §3.41 states that applicants must complete all sections of the Landscape Architect Registration Examination (LARE) and requires that every applicant obtain approval from the Board to take the exam. The Board may approve an applicant only if the applicant has completed all of the educational requirements and at least six months of the experiential requirements. It also requires each candidate to achieve a passing score in every division of the LARE. New §3.42 describes the examination administration process and requires applicants to apply for the exam through the Council of Landscape Architectural Registration Boards (CLARB), requires the Board to administer the exam twice annually, establishes application deadlines, requires applicants to appear personally and provide identification at the time of the exam, and requires applicants to bring necessary tools to the exam. It requires the Board to provide an explanation of the scoring procedures to each candidate prior to examination. It stipulates that the scores be determined by the entity that administers the examination and prohibits the Board from reviewing the scores to determine validity. It relieves the Board of liability in the event a candidate takes a section(s) of the exam but fails to receive a score, instead authorizing the candidate to retake the section or sections with the corresponding fee waived. It also allows applicants to request review of their exams within 14 days of their receipt of the exam results and states that such review must be completed within 20 days of confirmation of the request. It states that CLARB shall retain exam materials for one year following administration. New §3.43 requires each candidate approved for examination after December 31, 2001, to pass all sections within five years after the approval date or forfeit credit for each section passed and be required to submit a new registration application in order to obtain approval to take the examination again. It requires each candidate approved for examination by the Board prior to January 1, 2002, to pass all sections of the examination no later than December 31, 2006, or forfeit credit for each section passed and be required to submit a new registration application in order to obtain approval to take the examination again. New §3.44 makes it possible for a candidate's examination score to be transferred from one Council of Landscape Architectural Registration Boards (CLARB) member board to another but allows a candidate to maintain only one active application at a time. It requires that a candidate whose examination score is transferred to Texas to satisfy all current requirements for landscape architectural registration in Texas and to pass all sections of the examination no later than five years from the date the first examination section was passed or forfeit credit for each section passed and be required to submit a new registration application in order to obtain approval to take the examination again.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new sections are proposed pursuant to §5 and §4(a)of Article 249c, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to the registration examination.

These proposed sections do not affect any other statutes

§3.41.Requirements.

Every Applicant for landscape architectural registration by examination in Texas must successfully complete all sections of the Landscape Architect Registration Examination (LARE).

An Applicant may take the LARE at any official LARE testing center but must satisfy all Texas registration requirements in order to obtain landscape architectural registration by examination in Texas.

Each Candidate must achieve a passing score in each division of the LARE. Scores from individual divisions may not be averaged to achieve a passing score.

§3.42.Examination Administration and Scoring.

An Applicant must apply for landscape architectural registration by examination through CLARB as described in Section 3.23.

The LARE shall be administered by the Board twice annually in June and December.

In order for an Applicant to take the LARE in June, the Applicant's application and supporting documentation must be postmarked or received by the Board no later than February 1st. In order for an Applicant to take the LARE in December, the Applicant's application and supporting documentation must be postmarked or received by the Board no later than August 15th. If the deadline falls on a date when the Board's office is closed, the application and supporting documentation must be postmarked or received by the Board no later than the next date when the Board's office is open.

A Candidate who is approved to take the LARE must appear personally for examination as directed in the notification letter sent to the Applicant. In order to be admitted for examination, the Candidate must present the Candidate's identification card that was mailed to the Candidate prior to the examination date and must present a separate official form of identification bearing a recent photograph of the Candidate.

Each Candidate shall be responsible for taking to the examination all tools necessary to complete the examination.

An explanation of the scoring procedures for the LARE shall be provided to each Candidate before the examination is administered to the Candidate.

A Candidate's LARE scores shall be determined by the entity that administers the examination. The Board shall not review any LARE score to determine its validity.

A Candidate may review his/her own examination by requesting review within 14 days of receipt of the results of the examination. The Candidate must complete the review within 20 days of the date the Candidate receives a confirmation that the Candidate may review the examination.

(i)

If, for any reason, a Candidate takes a section or sections of the LARE but does not receive a score for the section or sections, the Board shall have no liability beyond authorizing the Candidate to retake the section or sections with the corresponding fee waived.

(j)

Each Candidate's examination material shall be retained by CLARB for a period of one year following the date the examination was administered.

§3.43.Reexamination.

§3.44.Transfer of Passing Scores.

A Candidate's examination score may be transferred from one CLARB member board to another. The acceptance of the Candidate's score by the board receiving the score shall terminate the Candidate's application with the board transferring the score so that the Candidate has an application pending in only one jurisdiction at all times. In order to be approved for landscape architectural registration in Texas, a Candidate whose examination score is transferred to Texas must satisfy all current requirements for landscape architectural registration in Texas.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102279

For further information, please call: (512) 305-8535

Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION

22 TAC §§3.61 - 3.72

The Texas Board of Architectural Examiners proposes the repeal of §3.61 pertaining to who is eligible to receive a certificate of registration; §3.62 pertaining to conditions under which certificates of registration are issued; §3.63 pertaining to conditions under which a certificate of registration must be displayed; §3.64 pertaining to obtaining a replacement certificate of registration;§3.65 pertaining to conditions under which a certificate of Registration must be surrendered; §3.66 pertaining to the requirement to register annually; §3.67 pertaining to how annual registration renewal notices will be provided; §3.68 pertaining to consequences of failing to register annually; §3.69 pertaining to how a registration which has been revoked may be reinstated; §3.70 pertaining to requirement to comply with requirements of the Texas Education Code, §57.491 regarding student loan repayment; §3.71 pertaining to eligibility for and restrictions on inactive status ; and §3.72 pertaining to continuing education requirements for registration renewal.

Simultaneously, the agency is proposing new rules with §§3.61 - 3.69 to replace the rules proposed for repeal. 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 D as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

This proposed repeal does not affect any other statutes.

§3.61.Certificates of Registration.

§3.62.Issuance and Description.

§3.63.Display of Certificate.

§3.64.Replacement Certificate.

§3.65.Surrender of Certificates.

§3.66.Annual Registration Required.

§3.67.Annual Registration Procedure.

§3.68.Failure to Register Annually.

§3.69.Reinstatement.

§3.70.Denial of Annual Renewal.

§3.71.Inactive Registration Status.

§3.72.Continuing Education Program Requirements.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102282

For further information, please call: (512) 305-8535

22 TAC §§3.61 - 3.69

The Texas Board of Architectural Examiners proposes new §3.61 which describes who is qualified to receive a certificate of registration and what information will be provided on the certificate; new §3.62 pertaining to where a certificate of registration must be displayed and how to acquire duplicate copies for display in multiple locations; new §3.63 relating to the conditions under which a registrant may obtain a replacement certificate of registration; new §3.64 pertaining to the conditions under which a certificate of registration must be surrendered to the Board; new §3.65 pertaining to when and how a certificate of registration must be renewed; new §3.66 pertaining to how a revoked certificate of registration may be reinstated; new §3.67 pertaining to the discontinuation of emeritus status and the options available to registrants who currently have an emeritus registration; new §3.68 pertaining to inactive status for certificates of registration, and new §3.69 pertaining to continuing education requirements that must be met in order for a registrant to renew a certificate of registration.

New §3.61 provides that certificates of registration be issued only to individuals who have satisfied the registration requirements and stipulates that each certificate of registration indicate the landscape architect's name, registration number, and effective date of the registration and acknowledge the landscape architect's right to practice landscape architecture in Texas. New §3.62 requires a landscape architect to display his/her certificate of registration at his/her place of practice and to display a duplicate certificate at each additional location. It provides a method for obtaining a duplicate certificate from the Board and prohibits a landscape architect from copying his/her certificate of registration. New §3.63 provides a method for a landscape architect whose certificate of registration has been damaged or misplaced to obtain a replacement certificate from the Board. New §3.64 sets forth the conditions under and by which a certificate of registration that has been suspended or revoked must be surrendered to the Board. New §3.65 requires that each certificate of registration be renewed annually upon payment of an annual renewal fee. It requires the Board to send annual registration renewal notices to each landscape architect's most current address of record with instructions and deadlines for remitting a completed registration renewal form and the prescribed fee. It requires a landscape architect to notify the Board in writing of each change of address. It requires the Board to impose a late payment penalty if the renewal form and fee are not received on or before the expiration date. It stipulates that the Board may not renew the landscape architect's certificate of registration if it receives official notice that he or she has defaulted on the repayment of a guaranteed student loan or has failed to pay court ordered child support. If a certificate of registration is not renewed within one year of the expiration date, the Board may take action to revoke it. New §3.66 provides that a revoked registration may be reinstated after an application for reinstatement has been submitted and approved and the reinstatement fee paid. It sets forth that reinstatement may be denied if the certificate of registration has been revoked for a continuous period of five years or longer or the reinstatement applicant has committed any act that could serve as the basis for the rejection of an application for registration or for the revocation of a certificate of registration; it also provides methods for reinstatement if the registration certificate has been revoked for a continuous period of five years or longer. New §3.67 provides that emeritus status be discontinued effective September 1, 2001, and that every landscape architect who holds an emeritus registration on September 1, 2001, must transfer to active or inactive status on or before the landscape architect's next registration expiration date and waives the status change fee for emeritus landscape architects who transfer to active or inactive status. New §3.68 provides an inactive registration status for landscape architects, prohibits inactive registrants from practicing landscape architecture and from using any form of the title "landscape architect" to describe themselves or their work, and provides for the suspension or revocation of the registration and/or for a fine of up to $1,000 for each day that a inactive registrant has practiced landscape architecture or used a form of the title "landscape architect" improperly. It prohibits an inactive registrant from using or displaying his/her landscape architectural seal, registration certificate, or pocket card. It requires an inactive registrant to pay an annual record maintenance fee. It sets forth the procedures for returning an inactive registration to an active status. It requires an inactive registrant whose registration has been inactive for five years or longer to successfully complete all sections of the current registration examination before returning to active status or furnish evidence that the inactive registrant currently holds a landscape architectural registration in another jurisdiction with registration requirements that are substantially equivalent to Texas requirements. It sets forth the reasons for rejecting an application to return to active status. New §3.69 requires each landscape architect to complete a minimum number of continuing education hours during each annual registration period. It defines what constitutes a continuing education hour and describes what activities will and will not be creditable. It sets forth the conditions under which exemptions from the continuing education requirements may be granted. It requires the landscape architect to indicate compliance with the continuing education requirements on his or her annual registration renewal form. It requires each landscape architect to maintain a record and proof of fulfillment of the requirements and it specifies the period of time the annual record shall be maintained. It allows the Board to require a landscape architect to produce documentation to prove compliance with the continuing education requirements and sets forth a method for doing so. It sets forth the consequences for failing to comply with the continuing education requirements and for reporting false information. It allows a landscape architect who completes a continuing education activity that is directly related to more than one of the professions regulated by the Board to receive credit for all of the professions to which it directly relates.

Cathy L. Hendricks, Executive Director, anticipates that for each of the first five years the proposed sections are in effect the fiscal implications for state or local government as a result of enforcing or administering the new sections might include a slight increase in revenue from landscape architects who currently hold emeritus status and wish to switch to active status. This slight increase should be offset by costs related to enforcement of the new emeritus rule.

There is expected to be no measurable impact on small business.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new sections are proposed pursuant to Section 4(a), Section 6A, Section 7, and Section 10(a) of Article 249c, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to certificates of registration, annual renewal, inactive status, and continuing education.

These proposed sections do not affect any other statutes

§3.61.Issuance of Certificates of Registration.

Certificates of registration shall be issued to individuals who have satisfied the registration requirements as described in the Landscape Architects' Registration Law and the Rules and Regulations of the Board.

Each certificate of registration issued by the Board shall identify the Landscape Architect by name and registration number, indicate the effective date of the registration, and acknowledge the Landscape Architect's right to practice as a licensed Landscape Architect in Texas.

§3.62.Display of Certificate.

Each Landscape Architect holding an active certificate of registration shall display it at his/her place of practice. If a Landscape Architect maintains an office in more than one location, the Landscape Architect shall display a duplicate certificate at each additional location.

A duplicate certificate may be obtained only by filing with the Board an application for a duplicate certificate and paying a fee as prescribed by the Board. A Landscape Architect may not copy his/her certificate of registration in order to display it.

§3.63.Replacement of Certificate.

If a Landscape Architect's certificate of registration is lost or destroyed and the Landscape Architect's registration is current and in good standing, the Landscape Architect may obtain a replacement certificate by:

submitting a written explanation regarding the loss or destruction of the certificate which requests a replacement certificate; and

paying the fee prescribed by the Board for the replacement of a certificate of registration.

§3.64.Surrender of Certificate.

Upon receipt of written notice from the Board requiring the surrender of a certificate of registration that has been suspended or revoked, a Landscape Architect or former Landscape Architect shall immediately surrender his/her certificate of registration in the manner prescribed in the notice.

§3.65.Annual Renewal Procedure.

Each certificate of registration must be renewed annually on or before the specified expiration date of the certificate of registration.

Each Landscape Architect must pay an annual registration renewal fee as prescribed by the Board to renew his/her certificate of registration.

The Board shall send annual registration renewal notices to each Landscape Architect at the Landscape Architect's most current address of record. Instructions and deadlines for remitting a completed registration renewal form and the prescribed fee will appear on each notice. A Landscape Architect must notify the Board in writing each time the Landscape Architect's address of record changes.

If a Landscape Architect fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Landscape Architect's certificate of registration, the Board shall impose a late payment penalty that must be paid before the Landscape Architect's certificate of registration may be renewed.

If the Board receives official notice that a Landscape Architect has defaulted on the repayment of a guaranteed student loan, the Board may not renew the Landscape Architect's certificate of registration unless:

the Landscape Architect presents to the Board a certificate from the Texas Guaranteed Student Loan Corporation certifying that the Landscape Architect has entered into a repayment agreement for the defaulted loan; or

the renewal is the first renewal following the Board's receipt of official notice regarding the default.

If the Board receives official notice that a Landscape Architect has failed to pay court ordered child support, the Board may be prohibited from renewing the Landscape Architect's certificate of registration.

If a certificate of registration is not renewed within one year of the specified registration expiration date, the Board may take formal action to revoke the certificate of registration.

§3.66.Reinstatement.

Once the revocation, cancellation, or surrender of a Landscape Architect's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid.

An application for reinstatement may be denied on the following grounds:

the certificate of registration has been revoked for a continuous period of five years or longer; or

the reinstatement Applicant has committed any act that could serve as the basis for the rejection of an application for registration or for the revocation of a certificate of registration.

If a certificate of registration has been revoked for a continuous period of five years or longer, one of the following shall be required prior to approval of an application for reinstatement:

successful completion of all sections of the current registration examination during the five years immediately preceding reinstatement; or

verification that the Applicant currently holds a landscape architectural registration that is active and in good standing in another jurisdiction where the registration requirements are substantially equivalent to Texas landscape architectural registration requirements.

§3.67.Emeritus Status.

Effective September 1, 2001, a Landscape Architect may not request or continue an emeritus landscape architectural registration. Every Landscape Architect who holds an emeritus registration on September 1, 2001, must transfer to active or inactive status on or before the Landscape Architect's next registration expiration date in order to continue to hold a valid certificate of registration. The status change fee will be waived for each emeritus Landscape Architect who transfers to active or inactive status.

§3.68.Inactive Status.

A Landscape Architect whose registration is active and in good standing may apply for inactive registration status on a form prescribed by the Board before the expiration date of the registration.

An inactive registrant may not practice landscape architecture or use the title "landscape architect" to describe the registrant or the registrant's work. If an inactive registrant practices landscape architecture or uses the title "landscape architect" improperly, the inactive registrant's registration may be suspended or revoked or the inactive registrant may be fined up to $1,000 for each day that the inactive registrant has practiced landscape architecture or used the title "landscape architect" improperly.

An inactive registrant shall not use or display his/her landscape architectural seal, registration certificate, or pocketcard during any period that his/her registration is inactive.

An inactive registrant shall pay an annual record maintenance fee as prescribed by the Board.

In order to return his/her registration to active status, an inactive registrant must:

apply on a form prescribed by the Board;

complete all continuing education requirements for each year the registration was inactive; and

pay a fee as prescribed by the Board.

An inactive registrant whose registration has been inactive for a continuous period of five years or longer must do the following before the inactive registrant may return to active status:

successfully complete all sections of the current registration examination during the five years immediately preceding return to active status or

furnish evidence that the inactive registrant currently holds a landscape architectural registration in another jurisdiction where the registration requirements are substantially equivalent to Texas landscape architectural registration requirements and that the current landscape architectural registration is active and in good standing.

Applications to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.

The Board may require that applications to return to active status include verification that the Applicant has complied with the laws governing the registration of landscape architects.

§3.69.Continuing Education Requirements.

Each Landscape Architect shall complete a minimum of eight (8) continuing education program hours (CEPH) during each annual registration period. One CEPH shall represent a minimum of 50 minutes of actual course time. No credit shall be awarded for introductory remarks, meals, breaks, or business/administration matters related to courses of study.

Landscape Architects shall complete a minimum of five (5) CEPH in structured course study. Structured course study shall consist of participation in educational activities presented by individuals or groups qualified by professional, practical, or academic experience to conduct courses of study, including monographs offered by the Council of Landscape Architectural Registration Boards. No credit shall be awarded for the same structured course for which the Landscape Architect has claimed credit during the preceding three (3) years.

Landscape Architects may complete a maximum of three (3) CEPH in self-directed study. One (1) CEPH shall represent one (1) hour of self-directed study. Self-directed study must utilize articles, monographs, or other study materials that the Landscape Architect has not previously utilized for self-directed study.

Topics for the eight (8) CEPH shall satisfy the following requirements: All CEPH shall include the study of relevant technical and professional landscape architectural subjects pertinent to the health, safety and welfare of the public. The study of topics related to barrier-free design must be used to satisfy the requirements for at least one (1) of the eight (8) CEPH.

The Board has final authority to determine whether to award or deny credit claimed by a Landscape Architect for continuing education activities. The following types of activities may qualify to fulfill continuing education program requirements:

Attendance at courses or seminars dealing with technical landscape architectural subjects sponsored by colleges or universities;

Attendance at technical presentations or workshops on landscape architectural subjects which are held in conjunction with conventions or seminars and are related to materials use and function;

Attendance at courses or seminars related to ethical business practices or new technology and offered by colleges, universities, professional organizations, or system suppliers;

Three (3) CEPH may be claimed per class hour spent teaching landscape architectural courses or seminars as long as the Landscape Architect has not previously claimed credit for teaching the same course. College or university faculty may not claim credit for teaching.

Hours spent in professional service to the general public which draws upon the Landscape Architect's professional expertise, such as serving on planning commissions, building code advisory boards, urban renewal boards, or code study committees;

Hours spent in landscape architectural research which is published or formally presented to the profession or public during the annual registration period;

(7)

Hours spent in landscape architectural self-directed study programs such as those organized or sponsored by the American Society of Landscape Architects, the Council of Landscape Architectural Registration Boards, or similar organizations acceptable to the Board;

(8)

College or university credit courses dealing with landscape architectural subjects or ethical business practices; each semester credit hour shall equal one (1) CEPH; each quarter credit hour shall equal one(1) CEPH;

(9)

One (1) CEPH may be claimed for attendance at one (1) full-day session of a meeting of the Texas Board of Architectural Examiners; a Landscape Architect must attend the entire full-day session in order to receive credit.

A Landscape Architect may be exempt from the continuing education requirements described in this subchapter for any of the following reasons:

A Landscape Architect who is a first-time new Landscape Architect by examination or first-time Landscape Architect by reciprocity shall be exempt for his/her initial registration period, which shall not exceed one year;

An emeritus Landscape Architect shall be exempt for any registration period during which the Landscape Architect's registration is in Emeritus Status;

A Landscape Architect who is not a full-time member of the Armed Forces shall be exempt for any registration period during which the Landscape Architect serves on active duty in the Armed Forces of the United States for a period of time exceeding ninety (90) consecutive days;

A Landscape Architect who has an active registration in another jurisdiction that has registration requirements which are substantially similar to Texas registration requirements and that has a mandatory continuing education program shall be exempt for any registration period during which the Landscape Architect satisfies such other jurisdiction's continuing education program requirements; or

A Landscape Architect who is, as of September 1, 1999, a full-time faculty member or other permanent employee of an institution of higher education, as defined in Section 61.003, Education Code, and who in such position is engaged in teaching landscape architecture.

When renewing his/her annual registration, each Landscape Architect shall sign the statement on the renewal form attesting to the Landscape Architect's fulfillment of the mandatory continuing education program requirements during the preceding registration period. A maximum of eight (8) CEPH may be carried from one registration period to the next.

A detailed record of the Landscape Architect's continuing education activities shall be recorded annually. Each Landscape Architect shall retain proof of fulfillment of the mandatory continuing education program requirements and shall retain the annual record of continuing education activities required by this subsection for a period of three years after the end of the registration period for which credit is claimed.

Upon written request, the Board may require a Landscape Architect to produce documentation to prove that the Landscape Architect has complied with the mandatory continuing education program requirements. The Landscape Architect shall be required to produce the documentation in the manner prescribed in the Board's written request. If acceptable documentation is not provided within thirty (30) days of request, claimed credit may be disallowed. The Landscape Architect shall have 180 calendar days after notification of disallowance of credit to substantiate the original claim or earn other CEPH credit to fulfill the minimum requirements. Such credit shall not be counted again for another registration period.

Failure to fulfill the annual continuing education program requirements may result in disciplinary action by the Board.

Any Landscape Architect who is found to have reported false information regarding the Landscape Architect's continuing education activities may be subject to disciplinary action by the Board.

If a Landscape Architect is registered to practice more than one of the professions regulated by the Board and the Landscape Architect completes a continuing education activity that is directly related to more than one of the professions regulated by the Board, the Landscape Architect may submit that activity for credit for all of the professions to which it directly relates. The Landscape Architect must maintain a separate detailed record of continuing education activities for each profession.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102281

For further information, please call: (512) 305-8535

Chapter 5. INTERIOR DESIGNERS

Subchapter B. REGISTRATION

22 TAC §5.31

The Texas Board of Architectural Examiners proposes an amendment to Chapter 5, Subchapter B, §5.31 concerning the conditions under which an applicant may obtain interior design registration in Texas. The amendment to this section is intended to clarify the eligibility requirements for interior design registration in Texas.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 5(a), Section 5(d), Section 9(b), and Section 9(c) of Article 249e, Vernon's Texas Civil Statutes, which provide the Texas Board of Architectural Examiners with authority to promulgate rules necessary for the performance of its statutory duties, including the duty to establish registration standards.

This proposed amendment does not affect any other statutes.

Registration by Examination [ ~~Eligibility~~ ].

In order to obtain interior design registration by examination in Texas, an Applicant shall demonstrate that the Applicant has a combined total of six years of approved interior design education and experience and shall successfully complete the interior design registration examination as more fully described in Subchapter C. For purposes of this section, an Applicant has "approved interior design education" if:

The Applicant graduated from a program that has been granted professional status by the Foundation for Interior Design Education Research (FIDER) or the National Architectural Accreditation Board (NAAB) or from an interior design education program outside the United States where an evaluation similar to an Educational Evaluation Service for Architects (EESA) evaluation has concluded that the program is equivalent to a FIDER or NAAB accredited professional program ;

The Applicant has a doctorate, a master's degree, or a baccalaureate degree in interior design;

The Applicant has:

A baccalaureate degree in a field other than interior design, and

An associate's degree or a two- or three-year certificate from an interior design program at an institution accredited by an agency recognized by the Texas Higher Education Coordinating Board;

The applicant has:

A baccalaureate degree in a field other than interior design, and

An associate's degree or a two- or three-year certificate from a foreign interior design program approved or accredited by an agency acceptable to the Board;

The applicant applied on or before August 31, 2010, and prior to that date, the applicant successfully completed:

At least six years of actual experience working under the direct supervision of a registered interior designer or a registered architect;

An associate's degree in interior design from an institution accredited by an agency recognized by the Texas Higher Education Coordinating Board, and

(C)

Credit for the equivalent of at least 60 semester credit hours toward any baccalaureate degree; or

The applicant applied on or before August 31, 2010, and prior to that date, the Applicant successfully completed:

At least four years of actual experience working under the direct supervision of a registered interior designer or a registered architect,

A FIDER accredited pre-professional assistant level program, and

(C)

Credit for the equivalent of at least 60 semester credit hours toward any baccalaureate degree.

The Board shall evaluate the education and experience required by Subsection (a) in accordance with the Table of Equivalents for Education and Experience in Interior Design.

For purposes of this section, the term "approved interior design education" does not include continuing education courses.

[ ~~(b)~~ ] An Applicant for interior design registration by examination who [ ~~If the Applicant~~ ] commences completion of the educational requirements for registration after September 1, 2006[ ~~, the applicant~~ ] must graduate from a program that has been granted professional status by FIDER.

~~[ ~~(c)~~~~

~~For purposes of this section, the term "approved interior design education" does not include continuing education courses. ]~~

An Applicant for interior design registration by examination who commenced his/her interior design education or experience prior to September 1, 1999, shall be subject to the rules and regulations relating to educational and experiential requirements as they existed on August 31, 1999.

[ ~~(d)~~ ] For purposes of this section, an applicant shall be considered to have "commenced" his/her interior design education upon enrollment in an acceptable interior design educational program.

~~[ ~~(e)~~~~

The Board shall evaluate the education and experience required by Subsection (a) in accordance with the edition of the Table of Equivalents for interior design in effect at the time the application is filed. ]

~~[ ~~(f)~~~~

An Applicant who enrolled in an acceptable interior design education program before September 1, 1999, shall be subject to the rules and regulations relating to educational and experiential requirements as they existed on August 31, 1999. ]

An Applicant who filed an application for registration without examination prior to August 31, 1994, is subject to the rules and regulations relating to educational and experiential requirements in effect at the time the application was filed. Such Applicant must complete the required six years of experience on or before September 1, 2003, in order to be eligible for registration without examination.

~~[ ~~(h)~~~~

~~For purposes of this section, it is the Applicant's responsibility to demonstrate to the Board the requisite education and experience.]~~

[ ~~(i)~~ ] Pursuant to the provisions of §231.302 of the Texas Family Code, each applicant shall submit his/her social security number to [ ~~on forms prescribed by~~ ] the Board. The Applicant's social security number [ ~~Such information~~ ] shall be considered confidential as stated in 231.302(e) of the Texas Family Code. The Board may take action against an Applicant or Candidate pursuant to Section 5.161.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102283

For further information, please call: (512) 305-8535

§5.31.22 TAC §5.32

The Texas Board of Architectural Examiners proposes the repeal of §5.32 pertaining to the factors which would cause the denial of an applicant's eligibility as a candidate for registration.

Simultaneously, the agency is proposing a new rule with section number 5.31(i) to replace the rule proposed for repeal. Due to the extensive modifications proposed in the new rule, amending the existing rule is less practical than repealing the existing rule and publishing a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 5, Subchapter B as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to §5(d) of Article 249e, Vernon's Texas Civil Statutes, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary to perform its statutory duties.

This proposed repeal does not affect any other statutes.

§5.32.Exceptions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102288

Cathy L. Hendricks ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: June 3, 2001

For further information, please call: (512) 305-8535

The Texas Board of Architectural Examiners proposes new §5.32 which pertains to allowing an interior designer from another jurisdiction to apply for registration in Texas by reciprocal transfer.

Due to the proposal of extensive modifications, publishing an amendment to the existing rule is less practical than the alternative of repealing the existing rule and publishing a new rule. The new rule is being proposed as a result of the agency's review of Title 22, Chapter 5, Subchapter B, as mandated by Article IX of the General Appropriations Act. The new rule simply reorganizes and restates existing standards so that they will be easier to understand and follow.

New §5.32 requires that an individual seeking interior design registration in Texas by reciprocal transfer must demonstrate that he or she has an active registration in good standing in another jurisdiction whose registration requirements are substantially equivalent to Texas requirements, the applicant has passed the NCIDQ examination, and the applicant has at least two years of experience.

The public benefits expected as a result of the new rule are that it will be easier for persons affected by the registration rules to understand and abide by them.

There is expected to be no measurable impact on small business because the new rule simply restates existing requirements.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new rule is proposed pursuant to §5(d) and §12 of Article 249e, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules regarding reciprocal registration standards.

These proposed sections do not affect any other statutes.

§5.32.Registration by Reciprocal Transfer.

(a)

A person who holds a valid certificate of interior design registration in another jurisdiction may apply for interior design registration in Texas by reciprocal transfer.

(b)

In order to obtain interior design registration by reciprocal transfer, an Applicant must demonstrate the following:

(1)

the Applicant currently holds an interior design registration that is active and in good standing in another jurisdiction and that jurisdiction's interior design registration requirements are substantially equivalent to Texas interior design registration requirements;

(2)

the Applicant has passed all sections of the NCIDQ examination; and

(3)

the Applicant has completed at least two years of acceptable experience working as a licensed interior designer in a jurisdiction where the Applicant was licensed during the period of experience.

(c)

An Applicant for interior design registration by reciprocal transfer must remit the required registration fee to the Board within sixty (60) days of the date of the tentative approval letter sent to the Applicant by the Board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102284

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: June 3, 2001

For further information, please call: (512) 305-8535

22 TAC §5.33

The Texas Board of Architectural Examiners proposes the repeal of §5.33 pertaining to the forms and instructions an application needs to submit an application for registration.

Simultaneously, the agency is proposing a new rule with section number 5.33(a) to replace the rule proposed for repeal. Due to the extensive modifications proposed in the new rule, amending the existing rule is less practical than repealing the existing rule and publishing a new rule. The modifications are being made as a result of the agency's review of Title 22, Chapter 5, Subchapter B as mandated by Article IX of the General Appropriations Act.

The repeal is not expected to impact small business significantly.

No economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

This proposed repeal does not affect any other statutes.

§5.33.Forms and Instructions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 20, 2001.

TRD-200102289