TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 1. ARCHITECTS

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §1.5

The Texas Board of Architectural Examiners (board) adopts an amendment to §1.5 of Chapter 1, Subchapter A, pertaining to defined terms. The amendment is adopted without changes to the text as proposed in the May 1, 2009, issue of the Texas Register (34 TexReg 2667).

The purpose of the amendment is to more accurately reflect a construction document as a document prepared by a design professional, though not necessarily one issued by an architect, to conform to board rules which apply to construction documents that have not been issued by an architect.

No comments were received regarding adoption of the amendments.

The amendment is adopted pursuant to §1051.202, Texas Occupations Code Annotated which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary to enforce laws within the agency's jurisdiction.

The amendment does not affect any other statutes.

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 June 1, 2009.

TRD-200902109

Cathy L. Hendricks

Executive Director

Texas Board of Architectural Examiners

Effective date: June 21, 2009

Proposal publication date: May 1, 2009

For further information, please call: (512) 305-8544


CHAPTER 3. LANDSCAPE ARCHITECTS

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §3.5

The Texas Board of Architectural Examiners (board) adopts an amendment to §3.5 of Chapter 3, Subchapter A, pertaining to defined terms. The amendment is adopted without changes to the text as proposed in the May 1, 2009, issue of the Texas Register (34 TexReg 2667).

The purpose of the amendment is to more accurately reflect a construction document as a document prepared by a design professional, though not necessarily one issued by a landscape architect, to conform to board rules which apply to construction documents that have not been issued by a landscape architect.

No comments were received regarding adoption of the amendments.

The amendment is adopted pursuant to §1051.202, Texas Occupations Code Annotated which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary to enforce laws within the agency's jurisdiction.

The amendment does not affect any other statutes.

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 June 1, 2009.

TRD-200902110

Cathy L. Hendricks

Executive Director

Texas Board of Architectural Examiners

Effective date: June 21, 2009

Proposal publication date: May 1, 2009

For further information, please call: (512) 305-8544


CHAPTER 5. INTERIOR DESIGNERS

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §5.5

The Texas Board of Architectural Examiners adopts an amendment to §5.5 of Chapter 5, Subchapter A, pertaining to defined terms. The amendment is adopted without changes to the text as proposed in the May 1, 2009, issue of the Texas Register (34 TexReg 2668).

The purpose of the amendment is to more accurately reflect a construction document as a document prepared by a design professional, though not necessarily one issued by an interior designer, to conform to board rules which apply to construction documents that have not been issued by an interior designer.

No comments were received regarding adoption of the amendments.

The amendment is adopted pursuant to Section 1051.202, Texas Occupations Code Annotated, which provides the Texas Board of Architectural Examiners with authority to promulgate rules necessary to enforce laws within the agency's jurisdiction.

The proposed amendment to this rule does not affect any other statutes.

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 June 1, 2009.

TRD-200902111

Cathy L. Hendricks

Executive Director

Texas Board of Architectural Examiners

Effective date: June 21, 2009

Proposal publication date: May 1, 2009

For further information, please call: (512) 305-8544


PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

CHAPTER 501. RULES OF PROFESSIONAL CONDUCT

SUBCHAPTER D. RESPONSIBILITIES TO THE PUBLIC

22 TAC §501.82

The Texas State Board of Public Accountancy adopts an amendment to §501.82, concerning Advertising, without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2355) and will not be republished.

The section updates the guidelines for advertising by recognizing electronic communications.

The amendment will function by requiring licensees to retain any electronic advertising transmissions for a period of 36 months.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 May 28, 2009.

TRD-200902059

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: June 17, 2009

Proposal publication date: April 10, 2009

For further information, please call: (512) 305-7842


22 TAC §501.86

The Texas State Board of Public Accountancy adopts new §501.86, concerning Disclosure of Subsequently Discovered Facts, without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2357) and will not be republished.

The section tracks the AICPA standard that requires a CPA to make certain disclosures upon receiving material information after issuing an audit.

The new rule will inform licensees of the need to inform the public when the licensee, after issuing an audit, subsequently becomes aware of information significantly affecting the audit opinion and the client refuses to disclose the information.

No comments were received regarding adoption of the new rule.

The new rule is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 May 28, 2009.

TRD-200902062

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: June 17, 2009

Proposal publication date: April 10, 2009

For further information, please call: (512) 305-7842


SUBCHAPTER E. RESPONSIBILITIES TO THE BOARD/PROFESSION

22 TAC §501.90

The Texas State Board of Public Accountancy adopts an amendment to §501.90, concerning Discreditable Acts, without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2357) and will not be republished.

The section expands the prohibition of false testimony to include perjury in a court proceeding.

The amendment will function by specifically including perjury occurring in court proceedings as a discreditable act.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 May 28, 2009.

TRD-200902060

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: June 17, 2009

Proposal publication date: April 10, 2009

For further information, please call: (512) 305-7842


CHAPTER 512. CERTIFICATION BY RECIPROCITY

22 TAC §512.1

The Texas State Board of Public Accountancy adopts an amendment to §512.1, concerning Certification as a Certified Public Accountant by Reciprocity, without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2359) and will not be republished.

The section expands the information required in an application for reciprocity and eliminates the need to maintain a certificate in the state of original jurisdiction.

The amendment will function by requiring an applicant for reciprocity to identify all jurisdictions he has been certified and/or licensed in and all disciplinary actions taken or currently pending against him.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 May 28, 2009.

TRD-200902061

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: June 17, 2009

Proposal publication date: April 10, 2009

For further information, please call: (512) 305-7842