Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Subchapter H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners adopts an amendment to §1.145 of Chapter 1, Subchapter H, pertaining to professional conduct. The proposal to amend this rule was published in the December 29, 2006, issue of the Texas Register (31 TexReg 10503). The amendment is being adopted without changes, and the text will not be republished.
The amendment to §1.145 requires an architect to promptly notify a prospective client or employer of any business association or financial interest of the architect which might reasonably appear to affect the architect's judgment in a manner which would jeopardize the interests of the client or employer. Currently, the section requires architects to disclose potential conflicts of interest with current, not potential, clients or employers. The amendment deletes a requirement that the architect either terminate the business association or financial interest or forego the project or employment unless the client or employer renders written consent to the conflict of interest after full disclosure. The amendment modifies a prohibition upon architects soliciting or accepting financial or other valuable consideration, material favors, or other benefits of any substantial nature from a supplier of materials or equipment, a contractor, or a consultant in connection with a project upon which the architect is performing or has contracted to perform architecture services. The prohibition allows the architect to solicit or receive financial and other consideration, benefits, and favors if the circumstances are disclosed to all parties.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.001(7)(F), Texas Occupations Code Annotated, which defines the term "practice of architecture" to include providing expert testimony for purposes of Chapter 1051, Texas Occupations Code Annotated, relating to the regulation of architecture; §1051.208, Texas Occupations Code Annotated, which requires the Board to adopt by rule standards of conduct for its registrants; §1051.752(6), Texas Occupations Code Annotated, which specifies that an architect is subject to disciplinary action for dishonest practices in the practice of architecture; and §1051.202, Texas Occupations Code Annotated, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 9, 2007.
TRD-200700926
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 29, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
The Texas Board of Architectural Examiners adopts new §1.210 to Chapter 1, Subchapter K, pertaining to architectural practice. The proposal to adopt this rule was published in the December 29, 2006, issue of the Texas Register (31 TexReg 10505). The new rule is being adopted with changes.
New §1.210, relating to the practice of architecture, defines the term "architectural plans and specifications" as that term is used in §§1051.551, 1051.606, and 1051.703, Texas Occupations Code Annotated, which provide, respectively: that building officials may accept architectural plans and specifications for permitting only if they bear the seal of an architect; architectural plans and specifications for certain projects may be prepared by one who is not an architect so long as that person does not use a form of the title "architect;" and that an architect must prepare the architectural plans and specifications for institutional residential facilities and certain buildings owned by the state or a political subdivision of the state if the building is to be used for education, office occupancy, or assembly. Under §1.210 the education, training, and experience described by board rule for registration as an architect are necessary to perform the services and work described in the rule. The section also lists architectural plans and specifications that are not exclusively architectural plans and specifications in subsection (c). Subsection (c) acknowledges that the education, training, and experience of an architect or an engineer are necessary to adequately prepare the listed plans and specifications. Finally, the section specifies that it does not address the services rendered by landscape architects or interior designers. The effect of the section is to clarify what designs are architectural plans and specifications in order to implement the referenced statutes.
The board made the following changes to §1.210(b) as proposed: a technical correction of a clerical error which listed site plans twice, the board deleted "wall sections" from paragraph (2) relating to floor plans and inserted "detailed wall sections" in paragraph (3) relating to building cross sections; the board revised paragraph (10) to replace a reference to the term "shop drawings" with "manufacturer or fabricator drawings that are integrated into and become part of the construction documents;" paragraph (11) was amended to describe architectural specifications as descriptions of materials for construction. The board adopted a technical amendment to subsection (c) to insert the word "following" at the start of the list of items in that paragraph. The board amended paragraph (1) of subsection (c) to include site drainage as an element depicted within site plans. Paragraph (2) of subsection (c) was amended to further describe building systems that were listed in the proposed rule as those building systems in plan views, cross sections, and details of components and assemblies including parts of the building exposed to water infiltration or fire-spread consideration. The substance of paragraphs (3) and (4) of subsection (c) were consolidated into paragraph (2).
The board received public comment from the Texas Society of Architects and three individuals in favor of the rule and suggesting amendments to it. The Texas Society of Professional Engineers, the Texas Board of Professional Engineers, and three individuals submitted public comment opposed to the rule. A summary of each comment and the board's response follows:
Comment. The proposed rule attempts to exclusively describe the practice of architecture without any acknowledgment or reference to the practice of comprehensive building design by licensed professional engineers as acknowledged by the Texas Board of Professional Engineers. This is a restraint of trade and an attempt to disqualify engineers in the practice of their profession.
Board Response. The board disagrees. The proposed rule acknowledges that certain architectural plans and specifications are also engineering plans and specifications. Structural, electrical, and mechanical plans requiring engineering education, training, and experience are not listed as architectural plans and specifications. The board also acknowledges an exception to Chapter 1051, Texas Occupations Code Annotated, which allows engineers to plan and supervise work on a construction project primarily intended for an engineering use, such as railroads, hydroelectric plants, industrial plants, and structures incidental to such a construction project. However, the board disagrees with the commentator's premise that the complete and comprehensive design of any building is engineering. Attorney General Opinion GA-391 held that an opinion issued by the Texas Board of Professional Engineers was incorrect in holding that the law conclusively establishes building design as an element of engineering. The Texas Board of Professional Engineers thereafter rescinded that opinion. Long before that opinion was issued, the Attorney General recognized limitations to the scope of engineering in the design of a building. Attorney General Opinion C-791 (December 28, 1966) concluded that engineering plans are those which require the application of structural, electrical, or mechanical engineering principles and data but that the overall design of a building is generally recognized to be architecture. The policy advisory committee of the Texas Board of Professional Engineers reached the same conclusion in an advisory letter issued on August 14, 2006. The advisory directive held that the parts of a building that must be designed by an engineer are those building systems that require the application of engineering principles, specifically structural, electrical, and mechanical systems in a building. The advisory did not conclude that the entire building is engineering. On another occasion, the Board of Professional Engineers specified discrete aspects of building design that are engineering in the repair or replacement of a roof.
The rule does not impose a restraint of trade upon engineers because the scope of the practice of engineering does not include architecture. Attorney General Opinion GA-391 explicitly held that architecture and engineering are distinct professions which overlap but that engineering does not subsume architecture. As noted above, Attorney General Opinion C-791 recognized a limitation in the scope of engineering years before there was an architectural practice act. The board does not agree that it has violated or is even subject to any state or federal antitrust laws banning restraints upon trade.
Comment. By defining architectural plans and specifications, the board exceeded its statutory authority.
Board Response. The board disagrees. Section 1051.202, Texas Occupations Code Annotated, grants the Board the authority to adopt rules to carry out Chapter 1051, Texas Occupations Code, regulating the practice of architecture. Section 1051.001(7), Texas Occupations Code Annotated, defines the term "practice of architecture" broadly, to include the application of the art and science of developing design concepts, planning for functional relationships and intended uses, establishing the form, appearance, aesthetics, and construction details for the construction, enlargement, or alteration of a building and its environs intended for human use or occupancy the proper application of which requires education, training, and experience in those matters; establishing and documenting the form, aesthetics, materials, and construction technology for the construction or alteration of a building or group of buildings; and preparing or supervising and controlling the preparation of architectural plans and specifications that include all integrated building systems and construction details. There is no particular service or work described in the rule as "architectural" that is not within the scope of the practice of architecture as defined. The Board is within its jurisdiction.
Comment. By specifying architectural plans and specifications that are also engineering plans and specifications, the board exceeded its authority and seeks to define the scope of the practice of engineering in building design.
Board Response. The board disagrees that it exceeded its authority and that it is attempting to regulate another profession. Attorney General Opinion GA-391 addressed the authority of the Texas Board of Professional Engineers to issue an advisory opinion holding building design, which includes architecture, is within the scope of the practice of engineering. The Attorney General stated "chapters 1001 and 1051 define the practice of engineering and the practice of architecture one in relation to the other. For that reason, it is not inappropriate for the TBPE to consider chapter 1051 in an advisory opinion about the practice of engineering." Attorney General Opinion GA-391 at page 3, footnote 11. In short, the Attorney General reasoned that the Board of Professional Engineers did not exceed its authority in the issuance of its advisory opinion though the substance of the opinion was incorrect. It is likewise not inappropriate for the Board of Architectural Examiners to consider chapter 1001 in determining the scope of the practice of architecture.
Furthermore, the plans and specifications that are within the overlap of the practice of architecture and the practice of engineering are record documents of architectural services and work. As such, they are within the jurisdiction of the board subject to board rules such as those relating to sealing, recklessness, and competent practices. If a particular service or work is beyond the jurisdiction of the board merely because it happens to coincidently be a service or work that is engineering, it would follow that the same service or work would be beyond the jurisdiction of the Board of Professional Engineers-leaving those practices unregulated when rendered by an architect or an engineer. It would be an anomalous result if a particular practice were immune from regulation by either board because it fits within the regulated practices of both boards.
If the board had designated the listed plans and specifications as exclusively architectural plans and specifications, it would have exceeded its jurisdiction. If the board made no reference to the plans listed as architecture and engineering plans, the rule would have been ambiguous as applied to the unlisted plans. Failing to list those plans might also be construed as an abdication of the board's regulatory authority over the services and work performed in preparing them. By acknowledging that some architectural plans and specifications are coincidentally engineering plans and specifications the board abstained from the regulation of another profession. Failing to acknowledge the overlap would result in the assertion of jurisdiction beyond the board's authority.
The board disagrees that it "unilaterally" sought to define the overlap of the professions. The board made a careful study of the advisory opinions and rules of the Texas Board of Professional Engineers in determining plans and specifications that are exclusively architecture and those that are coincidentally engineering. The board also noted enforcement actions by the Board of Professional Engineers against architects for preparing structural, electrical, and mechanical elements of a building but not for the complete and comprehensive design of the building. Furthermore, the staff of both agencies jointly conducted a series of meetings which included input from professors of architecture and architectural engineering as well as practitioners of architecture and engineering. At the conclusion of the series of meetings, the staffs reached an agreement on the plans and specifications that are architecture, those that are engineering, and those which are coincidently architecture and engineering. This was not a unilateral exercise.
Comment. Attorney General Opinion DM-161 and Attorney General Opinion GA-391 recognize that professional engineers are licensed to completely and comprehensively design buildings pursuant to Chapter 1001, Texas Occupations Code Annotated. The Texas Board of Professional Engineers licensed engineers to completely and comprehensively design buildings long before there was an architectural practice act.
Board Response. Attorney General Opinion DM-161 states that an engineer may prepare building designs to the extent that the designs require the application of engineering principles and the interpretation of engineering data. The Board of Architectural Examiners asked the Attorney General if this Opinion is properly construed as holding that engineers may completely and comprehensively design buildings. In Attorney General Opinion GA-391, the Attorney General held that it did not and interpretations to that effect are incorrect. Attorney General Opinion DM-161 as clarified by Attorney General Opinion GA-391 holds that engineers may render services or work in the design of a building only to the extent that the adequate performance of those services or work require engineering education, training, and experience.
An Attorney General Opinion issued in 1966 held that the scope of engineering practice in the design of a building is limited to structural, electrical, and mechanical engineering. See Attorney General Opinion C-791. In 1940, Attorney General Opinion O-2417 held that the complete design of a building fits squarely within the practice of architecture so that an architect is not subject to the penal provisions within the engineering act. The scope of the practice of engineering did not include the complete design of buildings before or after the adoption of an architectural practice act.
Comment. The rule is based upon an agreement reached between the staff of the Texas Board of Professional Engineers and the staff of the Texas Board of Architectural Examiners. The agreement was part of a broader discussion relating to grandfathering engineers as architects, allowing graduates of engineering and architecture programs to seek licensure in the other profession, and use of the title "architectural engineer." Adoption of the rule is out of context.
Board Response. Initial drafts of the rule had been prepared prior to the joint effort to reach agreement. The agreement was modeled on the rule, not the other way around. The Board of Architectural Examiners endorsed the agreement of the agencies and commended the agreement to the Texas Board of Professional Engineers for approval subject to the understanding that revisions may be necessary by agreement between the boards. The Board of Architectural Examiners is willing to discuss reasonable solutions to the issues raised by the Board of Professional Engineers. The Board of Architectural Examiners will consider amendments to the rule in accordance with any reasonable agreement reached. However, the board sees no reason to delay adoption of the rule until the conclusion of what may be prolonged negotiations on other matters. The board sees the rule as necessary to protect the public health, safety, and welfare.
Comment. The substance of the rule is within the jurisdiction of the joint advisory committee on the practice of architecture, engineering, and landscape architecture but did not originate with the committee and was not heard by it. Adoption of the rule is premature until the joint advisory committee acts upon it.
Board Response. The board would have preferred an advisory opinion from the joint advisory committee proposing amendments to both agencies' rules in a coordinated fashion. On March 7, 2006, representatives of the Board of Architectural Examiners sought a statement that the boards would work together in coordinating a revision of each board's rules regarding the overlap of the professions as part of a joint statement then under consideration by the committee. The statement was not included within the broader statement issued by the committee. The Board of Professional Engineers, though aware that the rule was under consideration, never requested that it be referred to the joint advisory committee. The Board of Architectural Examiners hopes that an agreement may yet be reached through the joint advisory committee. However, it does not agree that approval by the committee is a jurisdictional prerequisite for the adoption of the rule. Adoption of a rule without a hearing before the joint advisory committee is not unprecedented. The Board of Professional Engineers has taken action on matters that affect both professions without a hearing by the joint advisory committee over the objections of the Board of Architectural Examiners.
Comment. The rule is not based upon the protection of the public health, safety, and welfare; it is based upon serving other economic interests. The rule is intended only to promote one profession over the other.
Board Response. The sole purpose of the rule is to protect public health, safety, and welfare. In 1989 the legislature required architectural plans and specifications for certain buildings in excess of a certain size and certain building intended for assembly, education, office use, or 24-hour custodial care be prepared by an architect. The legislature defined the term "practice of architecture" by reference to the education, training, and experience of an architect. The legislature clearly determined that the public health, safety, and welfare is served by mandating architects, relying upon their education, training, and experience, prepare the architectural aspects of buildings intended for human use. The rule specifies those aspects of a building design that architects are educated, trained, and experienced to prepare are architectural. The rule will ensure that qualified architects prepare aspects of buildings that relate to ingress, circulation, egress, and human use which protects public health, safety, and welfare. The rule does not enlarge the scope of the practice of architecture nor does it restrict the practice of engineering. The rule does not promote one profession over another.
Comment. The preamble to the proposed rule is false and misleading in that it does not reflect the fiscal impact upon engineers and small and micro-business engineering firms that are lawfully completely and comprehensively designing buildings.
Board Response. Engineers may lawfully completely design buildings exempt from Chapter 1051, Texas Occupations Code Annotated. The rule will not affect these circumstances in which an engineer may lawfully completely design a building. However, as noted in Attorney General Opinion GA-391, the exemptions for engineers in the architectural practice act do not entitle engineers to fully engage in the practice of architecture so that an engineer may completely design any building. The Attorney General Opinion also noted that architecture is a distinct profession from engineering. Engineers are not licensed to practice architecture. The rule implements laws that were enacted in 1989 which require an architect to prepare architectural plans and specifications for certain buildings and require building officials to accept architectural plans and specifications for those buildings only if they were prepared by an architect. The legislative bill analyses from the 72nd Legislature noted that this legislation would require architects to design buildings intended for human occupancy. The sponsor of the bill stated it would require architects to design buildings for human use and occupancy. A licensed professional engineer who was a legislator noted that the bill would require an architect as well as an engineer to design the buildings over the thresholds specified in the bill which are now within Chapter 1051. This legislator expressed support for the bill stating that the architect is necessary for the design of those buildings over that threshold. It is clear from the law and the legislative record that engineers were restricted from preparing architectural plans and specifications for certain buildings as of 1989 when these laws took effect. The rule will have no economic effect upon an engineer who lawfully prepares a complete and comprehensive design of a building to the extent permitted since 1989.
Comment. The rule will create confusion for building officials.
Board Response. The board disagrees. By specifying in detail the designs within plans and specifications that are architecture, the rule will provide clarification for building officials. The rule will assist building officials to comply with the statutory requirement that they accept architectural plans and specifications only if they have been prepared by an architect as evidenced by an architectural seal on them. The rule was prompted in part in response to a comment the board received from a representative of a municipality that was being sanctioned by the Board of Professional Engineers for accepting engineering plans as architectural plans. The representative expressed frustration because the distinction between architectural and engineering plans is not clear under the law and has not been clarified by the boards.
Comment. The rule includes a cross-reference to §1.21 which lists current criteria for registration as an architect. Would the rule prohibit the preparation of plans and specifications by an architect who became registered prior to 1960 under an earlier version of the board's enabling law which allowed for registration without examination under certain circumstances?
Board Response. The rule would not prohibit the practice of architecture by an architect registered pursuant to the laws in effect at the time he or she became registered. The current version of §1.21 allows for the registration of a person subject to the requirements in effect at the time they began their architectural education assuming education was commenced prior to 1999.
Comment. The rule should not list site planning as architecture in subsection (b)(1). Engineers prepare site plans and plans for site drainage.
Board Response. The board eliminated site plans from subsection (b) and amended the rule to include reference to planning for site drainage as part of site planning within subsection (c) of the rule which acknowledges that site plans are engineering as well as architectural plans.
Comment. The rule has a technical error within the introductory language of subsection (c).
Board Response. The board agrees and amended the rule to include the word "following" within the subsection.
Comment. References to building cross sections should not be included within the subparagraph relating to floor plans.
Board Response. The board agrees and amended the rule accordingly.
Comment. The rule should not list shop drawings as architectural plans.
Board Response. The rule is amended to delete references to shop drawings and instead refers to manufacturers' drawings incorporated into architectural plans.
The new rule is adopted pursuant to §1051.001(7), Texas Occupations Code Annotated, which defines the term "practice of architecture;" §1051.202, Texas Occupations Code Annotated, which grants authority to the Board to adopt rules necessary to administer or enforce the Architects' Registration Law; §1051.701, Texas Occupations Code Annotated, which requires a person to be registered as an architect to engage in the practice of architecture; and §1051.801(a), Texas Occupations Code Annotated, which prohibits one who is not registered as an architect from engaging in, or offering or attempting to engage in, the practice of architecture.
§1.210.Architectural Plans and Specifications.
(a) Architectural education, training and experience as described in §1.21 and §1.191 of this title are necessary prerequisites to the preparation of architectural plans and specifications for the construction, enlargement, or alteration of a building intended for human use and occupancy. Generally, architectural plans and specifications are instructions that integrate and coordinate the design of all building systems and related site components necessary for constructing a building and its environs intended for human use and occupancy. Architectural plans and specifications detail the form, function, construction, habitability, and appearance of the building and the manner in which humans enter, exit, circulate, and use the interior space of the building and its external environs. It is the role of the Architect to coordinate with consultants in the design of a building intended for human use and occupancy in order to integrate all components and systems of the building and its environs.
(b) For purposes of §§1051.551, 1051.606, and 1051.703 of the Texas Occupations Code, the term "architectural plans or specifications" means a Construction Document that depicts in detail the design of the spatial relationships and the quality of materials and systems required for the construction of a building and its environs. The term includes:
(1) Floor plans and details depicting the design of internal and external walls, the design of the internal spaces of the building, and the design of vertical circulation systems including accessibility ramps, stair systems, elevators and escalators, which plans implement programming, regulatory, and accessibility requirements;
(2) General cross sections and detailed wall sections depicting building components from a hypothetical cut line through a building to include the building's mechanical, electrical, plumbing or structural systems;
(3) Roof plans and details depicting the design of roof system materials, components, drainage, slopes, directions, and location of roof accessories and equipment not involving structural engineering calculations;
(4) The design of details of components and assemblies specifically including any part of a building exposed to water infiltration or fire-spread considerations;
(5) Reflected ceiling plans and details depicting the design of the location, materials, and connections of the ceiling to the structure and the integration of the ceiling with electrical, mechanical, lighting, sprinkler and other building systems;
(6) Finish plans or schedules depicting surface materials on the interior and exterior of the building;
(7) Interior and exterior elevations depicting the design of materials, locations and relationships of components and surfaces;
(8) Partition, door, window, lighting, hardware and fixture schedules;
(9) Manufacturer or fabricator drawings that are integrated into and become part of the Construction Documents;
(10) Specifications describing the nature, quality, and execution of materials for construction of the elements of the building depicted in the plans prepared by the Architect; and
(11) Life safety plans and sheets with code analyses.
(c) Notwithstanding the thresholds within Chapters 1001 and 1051, Texas Occupations Code, the following plans and specifications may be prepared by a person who is registered as an Architect or licensed as a professional engineer in the State of Texas:
(1) Site plans depicting the location and orientation of the building on the site based upon a determination of the interrelationship of the intended use with the environment, topography, vegetation, climate, geographic aspects, and the legal aspects of site development, including setback requirements, zoning and other legal restrictions as well as surface drainage;
(2) The depiction of the building systems such as structural, mechanical, electrical, and plumbing systems in plan views, in cross sections depicting building components from a hypothetical cut line through a building, and in details of components and assemblies specifically including any part of a building exposed to water infiltration or fire-spread considerations;
(3) Life safety plans and sheets with code analyses; and
(4) Plans for a building that is not intended for human use or occupancy.
(d) This section does not address the services or work that may otherwise be offered or rendered by Interior Designers or Landscape Architects.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 9, 2007.
TRD-200700927
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 29, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
Subchapter H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners adopts an amendment to §3.145 of Title 22, Chapter 3, Subchapter H, pertaining to professional conduct. The proposal to amend this rule was published in the December 29, 2006, issue of the Texas Register (31 TexReg 10507). The amendment is being adopted without changes, and the text will not be republished. The amendment to §3.145 requires a landscape architect to promptly notify a prospective client or employer of any business association or financial interest of the landscape architect which might reasonably appear to affect the landscape architect's judgment in a manner which would jeopardize the interests of the client or employer. Currently, the section requires landscape architects to disclose potential conflicts of interest with current, not potential, clients or employers. The amendment deletes a requirement that the landscape architect either terminate the business association or financial interest or forego the project or employment unless the client or employer renders written consent to the conflict of interest after full disclosure. The amendment modifies a prohibition upon landscape architects soliciting or accepting financial or other valuable consideration, material favors, or other benefits of any substantial nature from a supplier of materials or equipment, a contractor, or a consultant in connection with a project upon which the landscape architect is performing or has contracted to perform landscape architecture services. The prohibition allows the landscape architect to solicit or receive financial and other consideration, benefits, and favors if the circumstances are disclosed to all parties.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202, Texas Occupations Code Annotated, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities and §1051.208, Texas Occupations Code Annotated, which requires the Board to adopt by rule standards of conduct for its registrants.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 9, 2007.
TRD-200700929
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 29, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
Subchapter H. PROFESSIONAL CONDUCT
The Texas Board of Architectural Examiners (Board) adopts an amendment to §5.155 of Title 22, Chapter 5, Subchapter H, pertaining to professional conduct. The proposal to amend this rule was published in the December 29, 2006, issue of the Texas Register (31 TexReg 10508). The amendment is being adopted without changes, and the text will not be republished. The amendment to §5.155 requires an interior designer to promptly notify a prospective client or employer of any business association or financial interest of the interior designer which might reasonably appear to affect the interior designer's judgment in a manner which would jeopardize the interests of the client or employer. Currently, the section requires interior designers to disclose potential conflicts of interest with current, not potential, clients or employers. The amendment deletes a requirement that the interior designer either terminate the business association or financial interest or forego the project or employment unless the client or employer renders written consent to the conflict of interest after full disclosure. The amendment modifies a prohibition upon interior designers soliciting or accepting financial or other valuable consideration, material favors, or other benefits of any substantial nature from a supplier of materials or equipment, a contractor, or a consultant in connection with a project upon which the interior designer is performing or has contracted to perform interior design services. As amended, the prohibition allows the interior designer to solicit or receive financial and other consideration, benefits, and favors if the circumstances are disclosed to all parties.
The agency received no comments concerning the proposal to amend this rule.
The amendment is adopted pursuant to §1051.202, Texas Occupations Code Annotated, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities and §1051.208, Texas Occupations Code Annotated, which requires the Board to adopt by rule standards of conduct for its registrants.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 9, 2007.
TRD-200700930
Cathy L. Hendricks, RID/ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 29, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 305-8544
Chapter 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
The Texas Appraiser Licensing and Certification Board adopts amendments to §153.13, concerning Educational Requirements without changes to the proposed text as published in the September 29, 2006, issue of the Texas Register (31 TexReg 8171) and will not be republished.
The amendments to §153.13 removes the requirement that qualifying education courses must be specifically approved by the Board, removes the requirements that a minimum number of hours must be in specific fundamental real estate courses, removes an outdated statutory reference, and specifies that course subject matter must be appraisal related.
No comments were received.
The amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Texas Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2007.
TRD-200700880
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 27, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 465-3959
The Texas Appraiser Licensing and Certification Board adopts amendments to §153.17, concerning Renewal or Extension of Certification and License or Renewal of Trainee Approval without changes to the proposed text as published in the September 29, 2006, issue of the Texas Register (31 TexReg 8172) and will not be republished.
The amendments to §153.17 permits continuing education required for renewals to be deferred for 180 days for licensed or certified appraisers on active duty in the United States armed forces and adds an amendment relating to identity theft that provides a procedure for the issuance of a new license when the Board has determined that a licensee has been a victim of identity theft.
No comments were received.
The amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Texas Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2007.
TRD-200700881
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 27, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 465-3959
The Texas Appraiser Licensing and Certification Board adopts amendments to §153.18, subsections (b)(1)(A), (b)(1)(B) and (c), concerning Appraiser Continuing Education without changes to the proposed text as published in the September 29, 2006, issue of the Texas Register (31 TexReg 8172), and it will not be republished.
The adopted amendments to §153.18 removes the requirement that the board must have specifically approved an annual renewal education course as a fundamental course for appraiser trainees renewing an authorization that was issued prior to March 1, 2006, and permits continuing education requirements for appraiser trainees on active duty in the United States armed forces to be deferred for a period up to 180 days upon return to civilian status.
No comments were received.
The amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, concerning Rules Relating to Certification and Licenses.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2007.
TRD-200700882
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 27, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 465-3959
The Texas Appraiser Licensing and Certification Board adopts amendments to §153.23, Inactive Certificate or License, without changes to the proposed text as published in the September 29, 2006, issue of the Texas Register (31 TexReg 8173), and it will not be republished.
The adopted amendment to §153.23 requires an appraiser whose certification or license has been inactive to satisfy all appraiser continuing education requirements that were not completed while on inactive status before they can return to active status.
No comments were received.
The amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151 Rules Relating to Certification and Licenses.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 7, 2007.
TRD-200700883
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 27, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 465-3959
Chapter 201. LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
The Texas Funeral Service Commission (commission) adopts an amendment to §201.16, concerning Memorandum of Understanding with the Texas Department of Health.
The amendment is adopted without change to the proposed text as published in the December 29, 2006, issue of the Texas Register (31 TexReg 10511) and will not be republished. The adoption changes the name of the title of the rule due to the change in name of the Texas Department of Health to the Texas Department of State Health Services (department).
The commission received no comments.
The amendment is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as necessary to administer Chapter 651.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 8, 2007.
TRD-200700915
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: March 28, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 936-2466
The Texas Funeral Service Commission (commission) adopts an amendment to §203.30, concerning Continuing Education.
The amendment is adopted without changes to the proposed text as published in the December 29, 2006, issue of the Texas Register (31 TexReg 10511) and will not be republished.
The amendment is adopted to ensure continuing education offered by an approved provider is open to all licensees and to clarify the credit hour eligibility regarding required hours.
The commission received no comments.
The amendment is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as necessary to administer Chapter 651.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 8, 2007.
TRD-200700917
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: March 28, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 936-2466
The Texas Funeral Service Commission (commission) adopts a new rule, §203.38, relating to reinstatement of funeral director and/or embalmer licenses.
The new rule is adopted without changes to the proposed text as published in the December 29, 2006, issue of the Texas Register (31 TexReg 10512) and will not be republished.
The new rule prohibits persons whose funeral director's and/or embalmer's license has been revoked or cancelled through disciplinary action by the commission from petitioning the commission for reinstatement for five years, unless another time period is provided for in a board order. It establishes guidelines for considering petitions.
The commission received no comments.
The new rule is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as necessary to administer Chapter 651.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 8, 2007.
TRD-200700918
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: March 28, 2007
Proposal publication date: December 29, 2006
For further information, please call: (512) 936-2466