PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 2.Enforcement Procedures
SUBCHAPTER A.Field Citation Program
4 TAC sec.sec.2.1-2.6
The Texas Department of Agriculture (the department) proposes the repeal of 
sec.sec.2.1-2.6, concerning the department's field citation program. The repeal 
is proposed to eliminate the department's field citation program, which, to 
date, has not been implemented by the department. The department has determined 
that the present enforcement system better serves the purpose of efficient 
enforcement by the department. 
Esther Hajdar, assistant general counsel and chief of enforcement, has 
determined that for the first five-year period the repeals are in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the repeals. 
Ms. Hajdar also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be more efficient enforcement by the department. There will be 
no effect on small or large businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeals as proposed. 
Comments on the proposal may be submitted to Esther Hajdar, Assistant General 
Counsel and Chief of Enforcement, Texas Department of Agriculture, P.O. Box 
12847, Austin, Texas 78711. Comments must be received no later than 30 days from 
the date of publication of the proposal in the Texas Register.
The repeals are proposed under the Texas Agriculture Code, sec.12.020 and 
sec.76.1555 which provide the Texas Department of Agriculture with the authority 
to seek and assess administrative penalties for violations of the Texas 
Agriculture Code; and the Texas Government Code, sec.2001.004, which provides 
for the adoption of agency rules setting forth the nature and requirements of 
all formal and informal agency procedures. 
The code affected by the proposal is the Texas Agriculture Code, Chapters 12 and 
76. 
sec.2.1.Purpose and Applicability.
sec.2.2.Definitions.
sec.2.3.Inspection.
sec.2.4.Issuance of Warnings and Citations.
sec.2.5.Assessment of Administrative Penalties.
sec.2.6.Other Penalties.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 25, 1996.
TRD-9609100
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 8.Agricultural Hazard Communication Regulations
4 TAC sec.8.13
The Texas Department of Agriculture (the department), proposes an amendment to 
sec.8.13, concerning expiration provision. The proposed amendment changes the 
expiration date for Chapter 8 from August 31, 1996 to August 31, 2000. This 
amendment is made to provide a future date by which the department must review 
and amend, repeal or reaffirm the sections found in Chapter 8. 
Donnie Dippel, assistant commissioner for pesticide programs, has determined 
that for the first five-year period the amendment is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the amendment. 
Mr. Dippel also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the amendment will be a continuing effort by the department to clarify and 
streamline its rules. For the first five-year period the amendment is in effect, 
there will be no effect on small or large businesses. There is no anticipated 
economic cost to persons who are required to comply with the amendment as 
proposed. 
Comments on the proposal may be submitted to Donnie Dippel, Assistant 
Commissioner for Pesticide Programs, Texas Department of Agriculture, P. O. Box 
12847, Austin, Texas 78711. Comments must be received no later than 30 days from 
the date of publication of the proposed amendment in the Texas Register. 
The amendment is proposed under the Texas Agriculture Code, sec.125.014, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
and administrative procedures necessary to carry out purposes of Chapter 125. 
The Texas Agriculture Code, Chapters 76 and 125, are affected by this proposal.

sec.8.13.Expiration Provision.
Unless specifically acted upon by amendment or repeal and substitution of a new 
section or sections in accordance with the Texas Government Code, Chapter 2001, 
Subchapter B, or specific reactivation by the department, all of the sections in 
this chapter shall expire on August 31, <nl> 2000<ol> [1996]. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 25, 1996.
TRD-9609101
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 11.Herbicide Regulations
4 TAC sec.sec.11.1-11.8, 11.10, 11.11
The Texas Department of Agriculture (the department) proposes amendments to 
sec.sec.11.1, 11.8, 11.10 and 11.11, concerning herbicide regulations. The 
amendments are proposed to be consistent with changes made by the Texas 
Legislature during the Sunset process of the department. Other changes have been 
made to update citations and terminology and to clarify existing regulations. 
Section 11.1 has been amended to delete three counties from this section and add 
two due to those county commissioner courts' actions in accordance with these 
regulations. Section 11.2 is amended in order to amend the specific regulations 
for Collingsworth, Dickens and Hunt counties in accordance with these 
regulations and Chapter 75. Special provisions have also been added to this 
section for Archer County, and deleted for Cottle, Karnes and Swisher counties. 
Section 11.5 is amended in order to specify how dealers will record distribution 
of regulated herbicide to nonlicensed persons. Section 11.6 has been amended in 
subsection (1) in order to allow the department discretion in requiring 
supplemental reporting for applications of regulated herbicides applied under 
the terms of the permit. Section 11.7 has been amended by deleting subsection 
(d) regarding commercial applicator equipment, since the requirements for 
commercial applicator equipment is addressed in the Texas Pesticide regulations. 
Subsection (d) Commercial Applicator Equipment has been deleted, since the 
requirements for commercial applicator equipment is addressed in the Texas 
Pesticide regulations. 
Mr. Donnie Dippel, assistant commissioner for pesticide programs, has determined 
that for the first five-year period the rules are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
Mr. Dippel also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the rules will be the assurance that regulated herbicides are distributed and 
used in a manner to prevent hazards to desirable vegetation and the public. 
There will be no effect on large or small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
Comments on the proposal may be submitted to Donnie Dippel, Assistant 
Commissioner for Pesticide Programs, Texas Department of Agriculture, P. O. Box 
12847, Austin, Texas 78711. Comments must be received no later than 30 days from 
the date of publication of the proposal in the Texas Register. The department 
plans to hold public hearings to receive public comment on the proposal. Notice 
of these hearings will be published in the Texas Register.
The amendments are proposed under the Texas Agriculture Code, sec.12.016, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
for carrying out the provisions of the Texas Agriculture Code; and sec.75.017 
which provides the department with the authority to consider and adopt rules on 
a request for revision of a rule, an exemption
from a requirement of Chapter 75, or prohibition of the spraying of a regulated
herbicide in an area. 
The Texas Agriculture Code, Chapters 75 and 76, are affected by this proposal. 

sec.11.1.Counties Regulated.
The following counties shall be subject to all of the provisions of the Texas 
Agriculture Code, Chapter 75, unless specifically excepted by provisions of 
sec.11.2 of this title (relating to County Special Provisions): Aransas, 
<nl>Archer,<ol> Austin, Bailey, Bell, Bexar, Brazoria, Brazos, Briscoe, 
Burleson, Calhoun, Cochran, Collin, Collingsworth, [Cottle,] Culberson, Dallas, 
Dawson, Deaf Smith, Delta, Dickens, Dimmit, Donley, El Paso, Falls, Foard, Fort 
Bend, Gaines, Galveston, Hall, Hardin, Harris, Haskell, Hidalgo, Houston, 
Hudspeth, <nl>Hunt,<ol> Jackson, Jefferson, [Karnes,] Kaufman, King, Knox, 
Lamar, Lamb, Liberty, Loving, McLennan, Martin, Matagorda, Midland, Milam, 
Motley, Newton, Orange, Parmer, Rains, Refugio, Robertson, Rockwall, Runnels, 
San Patricio, [Swisher,] Travis, Tyler, Waller, Ward, Wharton, Wilbarger, and 
Williamson.

sec.11.2.County Special Provisions.
(a) (No change.) 
<nl>(b)<ol> <nl>Archer. The use of 2,4-D ester is prohibited for the period 
beginning May 1 and ending September 15th of each year. <ol> 
<nl>(c)<ol>[(b)] Austin. 
(1) Only that portion of Austin County lying east and south of the line 
beginning at the point where State Highway 36 crosses the north county line, 
thence southerly along Highway 36 to FM 949; thence westwardly along FM 949 to 
the San Bernard River is regulated by the Texas Agriculture Code (the Code), 
Chapter 75, as amended, and regulations adopted thereunder.
(2) Between March 15th and July 31st, in that portion of Austin County lying 
south of Interstate Highway 10, the following restrictions on the use of 2,4-D 
formulations shall apply: 
(A) the application by aircraft is prohibited; 
(B) the use of all ester formulations by any method is prohibited. 
<nl>(d)<ol>[(c)] Bailey. 
(1) For the period beginning on October 1 of one calendar year through May 1 of 
the following calendar year, no permit will be required for the use of the 
regulated herbicides in that part of Bailey County defined by the following 
landmarks: south of Highway 746 from Texas/New Mexico state line extending east 
to Highway 214; then south on Highway 214 to the intersection of Highway 214 and 
Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County Line. 
(2) Aerial application of regulated herbicides is prohibited in the area 
described in this subsection during the regulated period. 
(3) For the period beginning on October 1 of one calendar year through April 15 
of the following calendar year, no permit will be required for the use of 
regulated herbicides in that part of Bailey County defined by the following 
landmarks: north of 746 from Texas/New Mexico state line extending east to 
Highway 214, then south on Highway 214 to the intersection of Highway 214 and 
Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County line. 
(4) Except as provided in these subsections, the aerial application of regulated 
herbicides is prohibited except that the aerial application of dicamba is 
allowed in the area described in this subsection during the regulated period. 
The aerial application of regulated herbicides may be used during the regulated 
periods provided the user obtains a permit from the Texas Department of 
Agriculture (the department) prior to use. 
<nl>(e)<ol>[(d)] Brazoria. 
(1) For that portion of Brazoria County both north of State Highway 35 and west 
of Highway 288, the aerial application of all formulations of 2,4-D is 
prohibited between March 10 and September 15 of each year. 
(2) In no case shall 2, 4-D be used to treat any area that is nearer than two 
miles to any susceptible crop. 
(3) For that portion of Brazoria County not included in paragraph (1) of this 
subsection, the aerial application of regulated herbicides is prohibited between 
March 25th and August 1st of each year.
(4) The use of high volatile herbicides is prohibited.
(5) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties, for 
purposes of this subsection, are considered as one unit, and paragraphs (1) and 
(3) of this subsection are not to be changed without a public hearing for the 
unit as a whole. 
<nl>(f)<ol>[(e)] Brazos. That portion of Brazos County lying east of the Brazos 
River and west of the following described line shall be regulated by the Code, 
Chapter 75, as amended, and regulations adopted thereunder. The eastern boundary 
of the regulated area is as follows: 
(1) beginning at the intersection of State Highway No. 6 and Old San Antonio 
Road (OSR), which point is on the north boundary line of Brazos County; thence 
in a southwesterly direction along OSR to its intersection with an unnamed 
gravel road approximately one mile north of FM 1687; thence easterly along FM 
1687 to its intersection with a gravel road known as Stasny Road; thence 
southwesterly along Stasny Road to a 90 degree turn and continuing in a 
southeasterly direction to its intersection with State Highway 21 West; thence 
along Highway 21 in a westerly direction to its intersection with Jones Road; 
thence in a southeasterly direction along Jones Road to its intersection with FM 
60; thence northeast along FM 60 to its intersection with the southwest property 
line of Easterwood Airport; thence southeast along the southwest line of 
Easterwood Airport to the most southerly corner of the airport property; thence 
in an easterly direction along the most direct line to the closest point on 
Dowling Road; thence northeast along Dowling Road to its intersection with an 
unnamed gravel road extending from Dowling Road to the town of Wellborn; thence 
southeast along said unnamed gravel road to its intersection with FM 2154 at the 
town of Wellborn; thence generally south and southeast along FM 2154 to its 
intersection with State Highway 6; thence southeast along State Highway 6 to its 
intersection with the Navasota River, which is the southern boundary of Brazos 
County; 
(2) that portion of Brazos County lying east of the line described in paragraph 
(1) of this subsection shall be exempt from the Code, Chapter 75, as amended, 
and regulations adopted thereunder. 
<nl>(g)<ol>[(f)] Briscoe.
(1) The aerial application of regulated herbicides shall be prohibited from May 
1 through September 1 of each year in that portion of Briscoe County that lies 
above the Caprock Escarpment, such area to be designated as Zone 1. 
(2) The aerial application of regulated herbicides will be allowed in Zone 1 
between September 2 and October 1 of each year with the requirement of a permit. 
(3) The aerial application of regulated herbicides shall be prohibited from May 
1 through October 1 of each year in that portion of Briscoe County that lies 
below the Caprock Escarpment, such area to be designated as Zone 2. 
(4) Only 2,4-D amine and dicamba may be applied by ground applications with the 
requirement of a permit. 
(5) No permit is required for the application of regulated herbicides from 
October 2 through April 30 of the following year. 
<nl>(h)<ol>[(g)] Burleson.
(1) The application of regulated herbicides by aircraft in Burleson County is 
prohibited. In no case shall regulated herbicides be used to treat any area that 
is nearer than two miles to any susceptible crops.
(2) Between April 1 and September 15 of each year, the following restrictions on 
the use of 2,4-D formulations shall apply. 
(A) Only amine formulations may be used with a boom-type sprayer for ground 
applications in that area beginning at Milam County line; thence south along FM 
Road 1362 to FM Road 166; thence east to FM Road 2039; thence south to FM 60; 
thence west on FM 60 to Davidson Creek; thence south along Davidson Creek to 
Washington County line to Brazos River; thence north along Brazos County line to 
Milam County line, the place of the beginning. 
(B) Cluster nozzles are prohibited in the area designated in subparagraph (A) of 
this subsection. 
<nl>(i)<ol>[(h)] Calhoun. 
(1) The aerial application of all formulations of 2,4- D is prohibited between 
March 10 and September 15 of each year. 
(2) No permit is required for spraying regulated herbicides during the months of 
January and February of each year.
(3) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda and Wharton Counties, for 
purposes of this subsection, are considered as one unit and paragraph (1) of 
this subsection is not to be changed without a public hearing for the unit as a 
whole. 
<nl>(j)<ol>[(i)] Cochran. 
(1) The use of 2,4-D ester is prohibited for the period beginning April 25 and 
ending October 15 of each year. 
(2) The aerial application of all regulated herbicides is prohibited for the 
period beginning April 25 and ending October 15 of each year. 
(3) A permit for application of all regulated herbicides is required for the 
period beginning January 1 and ending on December 31 of each year. 
<nl>(k)<ol>[(j)] Collingsworth. 
(1) <nl>The aerial application of regulated herbicides is allowed with the 
requirement of a permit between the dates of November 1 of one calendar year and 
April 15 of the following calendar year.<ol> [No permit is required in 
Collingsworth County for the spraying of regulated herbicides between November 1 
and April 1 of the following year.]
(2) <nl>Ground and aerial applications of regulated herbicides will be allowed 
with the requirement of a permit throughout the year in the northeast part of 
the county, identified with physical boundaries north of the Salt Fork of the 
Red River and east of U.S. Highway 83.<ol> [No regulated herbicides shall be 
applied to range or field crops between May 15 and October 15 of each year, 
except for that northeast part of the county north of the Salt Fork of the Red 
River and east of U.S. Highway 83.] 
<nl>(3)<ol> <nl> Ground applications of 2,4-D amine will be allowed with the 
requirement for a permit throughout the county between the dates of April 16 and 
October 30 of each year. <ol>
[(k) Cottle. The application of regulated herbicides is prohibited between June 
1 and October 15 of each year.] 
(l)- (n) (No change.) 
(o) Dickens. 
(1) (No change.) 
(2) <nl>The application of all regulated herbicides, with the exception of 
dicamba, is prohibited during the period beginning June 11 and ending August 31 
of each year.<ol> [Permits are required for applications of regulated herbicides 
during the period beginning May 16 and ending June 10 of each year. 
[(3) The application of all regulated herbicides is prohibited during the period 
beginning June 11 and ending August 31 of each year, except for dicamba which 
may be applied with the requirement of a permit.] 
(p)-(y) (No change.) 
<nl>(z)<ol> <nl>Hunt.
<ol>
<nl>(1)<ol> <nl>The aerial application of regulated herbicides shall be 
prohibited from April 15 through September 1 of each year. <ol>
<nl>(2)<ol> <nl> No permit is required for the application of regulated 
herbicides from September 1 of one calendar year through April 15 of the 
following calendar year. 
<ol>
<nl>(aa)<ol> [(z)] Jackson. 
(1) The aerial application of all formulations of 2,4- D is prohibited between 
March 10 and September 15 of each year. 
(2) No permit is required for the application of regulated herbicides during the 
months of January and February of each year. 
(3) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties, for 
purposes of this subsection, are considered one unit and paragraph (1) of this 
subsection is not to be changed without a public hearing for the unit as a 
whole. 
[(aa) Karnes. No permit is required for the application of regulated herbicides 
during the months of January and February of each year.]
(bb)- (mm) (No change.) 
[(nn) Swisher. 
[(1) The application of 2,4-D ester is prohibited for the period beginning April 
20 and ending September 1 of each year. 
[(2) The aerial application of all 2,4-D is prohibited for the period beginning 
April 20 and ending September 1 of each year. 
[(3) The application of 2,4-D amine, dicamba and MCPA by ground is allowed at 
any time throughout the year. 
[(4) A permit for application of a regulated herbicide will be required between 
April 20 and September 1. A permit for application of a regulated herbicide will 
not be required from September 2 to April 19 of the following year.] 
<nl>(nn)<ol> [(oo)] Wharton. 
(1) The aerial application of all formulations of 2,4- D is prohibited in that 
portion of Wharton County east of the Colorado River between March 10 and 
September 15 of each year. 
(2) The application of all formulations of 2,4-D by any method is prohibited 
during the period beginning March 10 and ending October 1 of each year, in that 
portion of Wharton County lying west of the Colorado River. 
(3) The use of high volatile herbicides is prohibited.
(4) In no case shall 2,4-D be used to treat any area that is nearer than two 
miles to any susceptible crop. 
(5) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties, for 
purposes of this subsection, are considered as one unit, and paragraph (1) of 
this subsection is not to be changed without a public hearing for the unit as a 
whole.
<nl>(oo)<ol>[(pp)] Wilbarger. 
(1) No permit is required for the application of regulated herbicides during the 
period of September 16 to May 9 of the following calendar year. 
(2) The application of the following regulated herbicides is prohibited during 
the regulated period beginning May 10 and ending September 15 of each year: 
(A) 2,4,5-Trichlorophenoxyacetic Acid (2,4,5-T); 
(B) Ester formulations of 2,4- Dichlorophenoxyacetic Acid (2,4-D); 
(C) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA); 
(3) The aerial application of polychlorinated benzoic acids and 2,4-D amine is 
prohibited during the regulated period except during the period of May 10 and 
ending May 20 of each year. Ground applications of polychlorinated benzoic acids 
and 2,4-D Amine may be made during the regulated period with the requirement of 
a permit. 
(4) Research conducted by the Texas A&M University System under the auspices of 
brush and weed control, using all regulated herbicides, will be allowed during 
the regulated period. Aerial applications must provide a buffer zone of at least 
five statute miles from any susceptible crops, and wind velocity must not exceed 
10 mph during application. Research will be allowed during the period beginning 
May 15 and ending September 15 of each year. The department shall be notified 
before the commencement of such research projects.

sec.11.3.Regulated Herbicides.
(a) (No change.) 
(b) Formulations containing the active ingredients listed in subsection (a) of 
this section are exempt from being classified as regulated herbicides if they 
meet one of the following criteria: 
(1) specialty fertilizer mixtures packaged in containers of 50 pounds or less 
that are labeled for ornamental use and registered in the Code, Chapter 63 
[(1981)], concerning Commercial Fertilizer; or 
(2) (No change.)

sec.11.4.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Commercial applicator - An applicator of regulated herbicides licensed in 
accordance with the requirements of the Texas Agriculture Code, sec.76.108, and 
<nl>sec.7.12<ol> [sec.7.13] of this title (relating to Commercial Applicator 
License). 

sec.11.5.Dealers.
(a)- (f) (No change.) 
(g) Distribution records. All dealers are required to make and retain for a 
period of two years from the date of distribution a record of <nl>each<ol> 
distribution of regulated herbicides. Such records of each distribution shall 
consist of the following information:
(1)- (4) (No change.) 
(5) if the distribution is made to a nonlicensed person acting under the 
authorization of a certified or licensed applicator <nl>, the dealer must 
record<ol> [:] 
[(A) ] the name <nl> and address<ol> of the nonlicensed person to whom the 
regulated herbicide is made available [and the address of the residence or 
principal place of business of that person as stated on a valid driver's license 
or other current state, county, or tribal identification document issued to the 
nonlicensed person; and
[(B) verification that the regulated herbicide is made available to a 
nonlicensed person. This verification shall be accomplished by a statement 
signed by the licensed or certified applicator that the nonlicensed person is 
the duly authorized representative of the licensed or certified applicator and 
that the regulated herbicide made available to the nonlicensed person will only 
be used by a certified or licensed applicator or under the direct supervision of 
the licensed applicator. This statement may be made on a form prescribed by the 
department]. 
(h) (No change.)

sec.11.6.General Requirements for Applicators.
The following requirements are applicable to all persons applying regulated 
herbicides. 
(1) Spray permits. No person shall apply regulated herbicides <nl>as defined in 
sec.11.3 of this title (relating to Regulated Herbicides), <ol> without first 
obtaining a permit for such application. A blanket permit may be issued to a 
licensed or certified applicator <nl>.<ol> [who shall submit to the] <nl>
The <ol> department <nl>may require a licensed or certified applicator who has 
obtained a blanket permit to submit<ol> a supplemental report of <nl>any<ol> 
[each] regulated herbicide <nl>applied under the terms of the permit<ol> 
[application within seven days following such application]. 
(A) - (C) (No Change.) 
(2) Commercial applicators. 
(A) (No Change.) 
(B) All persons engaged in the application of regulated herbicides for hire must 
be licensed by the department under <nl> sec.7.12<ol> [sec.7.13] of this title 
(relating to Commercial Applicator License) and meet the requirements of 
financial responsibility under <nl>sec.7.13<ol> [sec.7.14] of this title 
(relating to Commercial Applicator Proof of Financial Responsibility) or of the 
Structural Pest Control Board as provided by the Structural Pest Control Act, 
Texas Civil Statutes, Article 135b-6. 
(C) (No change.) 
(3)- (4) (No change.)

sec.11.7.Registration and Specification of Equipment. 
(a)-(c) (No change.) 
[(d) Commercial applicator equipment. 
[(1) Application equipment used by commercial applicators, except pressurized 
hand-sized apparatus or any equipment or device for which the person applying 
the pesticide is the source of power or energy used in making pesticide 
application, must be registered with the department. The department shall issue 
to the licensee a license decal to be attached to each such piece of equipment 
in a conspicuous place. The license decal will contain the following 
information: 
[(A) an identification number; and 
[(B) the name of the department. 
[(2) The licensee shall notify the department of any equipment changes and 
remove the license decal before giving up possession of the equipment. 
[(e) All application equipment used by commercial applicators is subject to 
inspection by the department at any reasonable time. Such equipment must be 
maintained in a condition that will provide safe and proper application of the 
pesticide. If the department finds that it is not, the department shall require 
the needed repairs or adjustments before allowing the use of such equipment.] 
<nl>(d)<ol>[(f)] Persons other than commercial applicator.] Equipment used by 
persons other than commercial applicators may be inspected, but proof of 
financial responsibility is not required for the equipment or the person. 
<nl>(e)<ol>[(g)] The use of any turbine or blower-type ground application 
equipment to apply regulated herbicides is prohibited. 

sec.11.8.Complaint Investigation.
(a) Any person with cause to believe that any provision of this chapter has been 
violated may file a written complaint with the <nl>department<ol> [Texas 
Department of Agriculture]. The department will continue to accept either 
written or oral notification of a complaint, but may require that a complaint 
form be signed in order to conduct an investigation. 
(b) Any person who has experienced or is alleging adverse effects from a 
<nl>regulated herbicide<ol> [pesticide] application may file a written complaint 
with the department. Such complaint shall be subscribed by the complaining party 
and set forth in detail the facts of the alleged violation. 
(c)-(f) (No change.) 

sec.11.10.Penalties.
Any person who commits an offense under the Code, <nl> sec.75.022,<ol> 
[sec.75.024, as amended] or rules adopted thereunder, shall be guilty of a Class 
A misdemeanor. In addition, the Code, <nl> sec.12.020<ol> [sec.76.1555], which 
provides for the assessment of administrative penalties, applies to a person who 
violates Chapter 75 or these regulations. 

sec.11.11.Expiration Provision.
Unless specifically acted upon by amendment or repeal and substitution of a new 
section or sections in accordance with the Texas Government Code, Chapter 2001, 
Subchapter B, or specific reactivation by the department, all of the sections in 
this chapter shall expire on August 31, <nl>2000<ol> [1996]. 
Issued in Austin, Texas, on June 25, 1996.
TRD-9609102
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 18.Organic Standards and Certification
4 TAC sec.18.18
The Texas Department of Agriculture (the department), proposes an amendment to 
sec.18.18, concerning expiration provision. The proposed amendment changes the 
expiration date for Chapter 18 from August 31, 1996 to August 31, 2000. This 
amendment is made to provide a future date by which the department must review 
and amend, repeal or reaffirm the sections found in Chapter 18. 
Brent W. Wiseman, coordinator for crop certification and citrus quality 
programs, has determined that for the first five- year period the amendment is 
in effect there will be no fiscal implications for state or local government as 
a result of enforcing or administering the amendment. Under these rules, fees 
will remain at current levels. 
Mr. Wiseman also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the amendment will be a continuing effort by the department to clarify and 
streamline its rules. For the first five-year period the amendment is in effect, 
there will be no effect on small or large businesses. There is no anticipated 
economic cost to persons who are required to comply with the amendment as 
proposed. 
Comments on the proposal may be submitted to Brent W. Wiseman, Coordinator for 
Crop Certification and Citrus Quality Programs, Texas Department of Agriculture, 
P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 
days from the date of publication of the proposed amendment in the Texas 
Register.
The amendment is proposed under the Texas Agriculture Code, sec.18.002, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
as necessary for administration of the Code and Chapter 18. The Texas 
Agriculture Code, Chapter 18, is affected by this proposal. 

sec.18.18.Expiration Provision.
Unless specifically acted upon by amendment or repeal and substitution of a new 
section or sections in accordance with the Texas Government Code, Chapter 2001, 
Subchapter B, or specific reactivation by the department, all of the sections in 
this chapter shall expire on August 31, <nl>2000<ol>[1996].
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 25, 1996.
TRD-9609099
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-7583

CHAPTER 101.General Rules
SUBCHAPTER A.Routine Procedures
4 TAC sec.101.20
The Agriculture Resources Protection Authority (the Authority) proposes new 
sec.101.20, concerning reporting requirements for agencies under the Authority's 
jurisdiction. The new section is proposed to implement legislative changes made 
to the Texas Agriculture Code, sec.76.009 by the 74th Legislature (1995). 
Donnie Dippel, assistant commissioner for pesticide programs, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
Mr. Dippel also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be establishment by the Authority of a source of information on 
regulatory enforcement activity of agencies under its jurisdiction.
There will be no effect on small or large businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed. 
Comments on the proposal may be submitted to Donnie Dippel, Assistant 
Commissioner for Pesticide Programs, Texas Department of Agriculture, P. O. Box 
12847, Austin, Texas, 78711. Comments must be received no later than 30 days 
from the date of publication of the proposal in the 
The new section is proposed under the Texas Agriculture Code, sec.76.009, which 
provides the Texas Agriculture Resources Protection Authority with the authority 
to adopt rules relating to any duty of the Authority. 
The Texas Agriculture Code, Chapters 75 and 76, are affected by this proposal.

sec.101.20.Submission of Reports by Agencies.
(a) Time and Place for Submission. 
(1) Quarterly reports of agency pesticide regulatory enforcement activities 
shall be submitted to the Authority by the Texas Department of Agriculture, the 
State Soil and Water Conservation Board, the Texas Agricultural Extension 
Service, the Texas Department of Health, the Texas Natural Resource Conservation 
Commission, and the Texas Structural Pest Control Board. 
(2) Such reports shall be submitted no later than the 30th day following the end 
of the each fiscal year quarter. 
(3) Reports shall be sent to the Authority c/o Texas Department of Agriculture, 
Pesticide Program, P.O. Box 12847, Austin, Texas 78711. 
(b) Contents of Reports. Reports submitted in accordance with this section shall 
be in a format and include information prescribed by the Authority. 
(c) Review and Comment by Authority. The Authority shall review and make 
comments regarding the information provided by agencies under this section. An 
agency covered by this section shall receive a copy of any comments made by the 
Authority on its report and have an opportunity to respond to any comments. In 
addition, the Authority shall make its comments available to the public upon 
request. 
(d) For purposes of this section, the term "pesticide regulatory enforcement 
activity" is defined as an action taken by an agency listed in subsection (a) of 
this section which: 
(1) relates to the use or handling of pesticides or pesticide products including 
the application, loading, storage and disposal of or contamination by 
pesticides; 
(2) is in an area over which the agency has the authority to manage, direct, 
control or set limitations on by promulgation of regulations or otherwise; and 
(3) is in an area over which the agency has the authority to set penalties for 
failure to comply with laws or regulations relating to that activity or to 
compel performance by use of other legal remedies.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 25, 1996.
TRD-9609097
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-7583

TITLE 13. CULTURAL RESOURCES
PART III. Texas Commission on the Arts
CHAPTER 37.Application Forms and Instructions for Financial Assistance
13 TAC sec.37.28
The Texas Commission on the Arts proposes to adopt by reference new sec.37.28 
concerning the application form and instructions of Arts Education Service 
Provider. This section is being proposed to broaden constituents' understanding 
of accessible resources for general project support in education.
Rhonda Hill, Director of Finance and Administration, Texas Commission on the 
Arts, has determined that for the first five-year period the rule is in effect 
there will be no fiscal implications for state or local government as a result 
of enforcing or administering the section. 
Ms. Hill also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing or 
administering the section will be that the commission will be able to utilize 
federal and state financial assistance funds in a more effective manner, thereby 
allowing more Texas organizations, communities, and citizens to participate in 
agency programs. There will be no effect on small businesses. There is no 
anticipated substantial economic cost to persons who are required to comply with 
the sections as proposed. 
Comments on the proposal may be submitted to Ricardo Hernandez, Assistant 
Director, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711. The 
new section is proposed under Government Code, sec.444.009, which provides the 
Texas Commission on the Arts with the authority to make rules and regulations 
for its government and that of its officers and committees. The Government Code, 
sec.444.009 is affected by this proposed rule. 

sec.37.28. Application Form and Instructions for Arts Education Service 
Provider.
The commission proposes to adopt by reference the application and instructions 
for Arts Education Service Provider. This document is published by and available 
from the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711.
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. 
Issued in Austin, Texas, on June 25, 1996.
TRD-9609072
Rhonda L. Hill
Director of Finance and Administration
Texas Commission on the Arts
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-5535

TITLE 22. EXAMINING BOARDS
PART I. Texas Board of Architectural Examiners
CHAPTER 1.Architects
The Texas Board of Architectural Examiners proposes amendments to sec.sec.1.18, 
1.21, 1.25, 1.27, 1.42-1.46, 1.48, 1.51, 1.82, and 1.83, concerning 
examinations. These proposed amendments are to accommodate the changes in 
administering the Architect Registration Examination (A.R.E.). Cathy L. 
Hendricks, Executive Director, Texas Board of Architectural Examiners, has 
determined that for each year of the first five years the sections as proposed 
are in effect, there will be no fiscal implications as a result of enforcing or 
administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more architects becoming registered due to 
increased opportunities to take the A.R.E. There will be no effect on small 
business. There is no anticipated economic cost to persons who are required to 
comply with the rules as proposed.
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.

SUBCHAPTER A.Scope; Definitions
22 TAC sec.1.18
The amendment is proposed under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendment does not affect any other statutes. 

sec.1.18.NCARB.
(a)-(b) (No change.) 
(c) This Board will cooperate with NCARB in furnishing transcripts of records, 
<nl>providing information required for the administration of examinations,<ol> 
[giving examinations upon request] and rendering all other assistance calculated 
to aid in establishing uniform standards of professional qualification 
throughout the United States. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608641
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER B.Registration
22 TAC sec.sec.1.21, 1.25, 1.27
The amendments are proposed under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendments do not affect any other statutes. 

sec.1.21.Eligibility.
(a)-(c) (No change.) 
(d) [Effective February 2, 1994,] <nl>Applicants <ol> [applicants] for the [1995 
and subsequent] Architect Registration Examination [administrations] shall 
process application records through the National Council of Architectural 
Registration Boards (NCARB) [and not through the Board office].

sec.1.25.Processing.
[(a) All applications and supporting documentation for examinations shall be 
submitted to the Board, through NCARB, no later than the following dates: 
[(1) June paper and pencil administered A.R.E.: February 1.
[(2) December administered graphic site and building design divisions of the 
A.R.E.: August 1. 
[(b) Applications must be postmarked no later than the listed date, except when 
that date falls on a Saturday or Sunday, in which case the date shall be the 
following Monday. 
[(c) The Board shall accept a postmark date as evidence of intent to submit an 
application by the deadline.
<nl>(a)<ol>[(d)] Upon receipt of the completed application from NCARB, the Board 
office will notify the applicant of the required fee and deadline date for 
payment of the fee. 
<nl>(b)<ol>[(e)] When received, <nl>applications<ol> [applicants] will be 
entered into the Board records. When the required fee has been received, 
information submitted will be verified and evaluated <nl>. Subsequent<ol> [, and 
subsequent] submittals may be required of the applicant. 

sec.1.27.Continuance. 
(a) Properly submitted applications for registration by written examination, 
[approved or] in the process of approval will be effective for three years only. 
Thereafter, the Board may require the applicant to update the application or 
reapply. 
(b) <nl>Candidates approved for examination will be required to pay an annual 
record maintenance fee each December or the file will be closed. After three 
years the file will be destroyed and any credit for divisions previously passed 
will be forfeited. Candidates will be allowed to reopen files during the three 
year period only upon payment of the record maintenance fees for the current 
year and each year the file has been closed.<ol> [Should the Board require 
additional information of an applicant, in support of the application, such must 
be submitted promptly. Files not completed as required will be withdrawn after 
one year, and the applicant may be required to reapply.] 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608642
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER .
22 TAC sec.sec.1.42-1.46, 1.48, 1.51
The amendments are proposed under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendments do not affect any other statutes. 

sec.1.42.Schedules.
<nl>Beginning in February 1997, the Board will offer the A.R.E. year-round at a 
network of computer-based test centers.<ol> Examinations will be administered 
[by this Board] to approved candidates only. Examination formats, dates, [times] 
and places will be [announced in notices mailed to candidates] <nl>provided to 
the candidates with their approval letters<ol>. 

sec.1.43.Format.
(a) The [paper and pencil] examination administered for registration as an 
architect [by the Texas Board] will be the Architect Registration Examination 
(A.R.E.), a multiple division [written and graphic] examination, developed by 
the NCARB Examination Committee and [as] approved by the Board. [for 
administration on specified dates.] 
(b) The A.R.E. format <nl>and administration information<ol> may be obtained 
from the Board office. A candidate must achieve a passing score in each division 
of the examination; scores from individual divisions CANNOT be averaged to 
achieve a passing score. 

sec.1.44.Reporting.
Approved candidates shall appear personally for examination at the designated 
date, time, and place. Each candidate [will be identified by an authorized 
Candidate Identification Card mailed to the candidate prior to examination 
dates] <nl>will be required to provide identification as noted in information 
provided to the candidate<ol>. 

sec.1.45.Conditions. 
(a) Examinations will be conducted under conditions warranting honest and best 
results. <nl>(b)<ol> [Board Members and/or their representatives will monitor 
all test, and candidates will not be permitted to communicate with one another, 
or others, during examination periods. 
[(b) Candidates will be responsible for all materials required, other than 
examination papers, to complete the work assigned them.
[(c)] If, for any reason, <nl>the<ol> Texas Board of Architectural Examiners 
(TBAE) is unable to provide the candidate with the results of the examination, 
TBAE shall have no liability beyond authorizing the applicant to retake the 
examination[,] with the examination fee waived[, at the next regularly scheduled 
examination date]. 

sec.1.46.Scoring.
(a) Scoring procedures for all examinations will be <nl> provided in 
information<ol> given to the candidates prior to the examination.
(b) There will be no Board review of examinations. [Candidates may obtain a copy 
of his/her graphic portions of Division B and Division C upon written request 
and payment of $3.00 for Division B, $7.00 for Division C. (Checks should be 
make payable to the Texas Board of Architectural Examiners).]

sec.1.48.Reexamination.
Candidates will have unlimited opportunities to retake individual Divisions of 
the A.R.E. they have failed[,] <nl>in accordance with the provisions outlined by 
the NCARB.<ol> 

sec.1.51.Disposal of Examination Material. 
<nl>Paper and pencil examination<ol> [Examination] material of the candidate 
will be held for a period of one year before destruction. Candidates will be 
notified of the disposal date on their grade report. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608643
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

22 TAC sec.1.50
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section 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 to repeal sec.1.50, 
concerning Reapplication, due to the new administration procedures of the 
Architect Registration Exam. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeal as proposed 
is in effect, there will be no fiscal implications as a result of enforcing or 
administering the repeal. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeal as proposed is in effect, the public benefits anticipated as a result of 
enforcing the repeal will be more architects becoming registered due to the 
increased opportunities to take the examination. There will be no effect on 
small business. There is no anticipated economic cost to persons who are 
required to comply with the rule as proposed.
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 under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
This proposed amendment does not affect any other statutes.

sec.1.50.Reapplication. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608628
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER D.Certification and Annual Registration
22 TAC sec.1.69
The Texas Board of Architectural Examiners proposes an amendment to sec.1.69, 
concerning Reinstatement. The purpose of this amendment is to provide 
clarification of confusing terminology. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be less confusion regarding the reinstatement 
process. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed. 
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 under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendment does not affect any other statutes. 

sec.1.69.Reinstatement.
(a)-(b) (No change.) 
(c) A registrant whose [license] <nl>certificate of registration<ol> has been 
revoked for a period [greater than] <nl>of<ol> five years <nl>or greater<ol>
immediately preceding reinstatement application shall: 
(1)-(2) (No change.)
(d)-(e) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608625
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER E.Fees
22 TAC sec.1.82, sec.1.83
The amendments are proposed under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendments do not affect any other statutes. 

sec.1.82.Application <nl>,<ol>
[and] Examination <nl>and Initial Registration<ol> Fees. 
(a) (No change.)
(b) [When] <nl>An<ol> approved [as a] candidate, [additional notices,] <nl>when 
scheduling to take an examination,<ol> will [require payment of] <nl>
be required to pay<ol> examination <nl>and examination administrative<ol> [or 
record maintenance] fees as prescribed by the Board.
(c) (No change.)

sec.1.83.[Reexamination] <nl>
Annual Record Maintenance<ol> Fees.
<nl>Notices of Annual Record Maintenance Fees will be sent to all approved 
candidates in November of each year to be paid no later than December 31. These 
notices will specify the fee prescribed by the Board.<ol> [Candidates failing in 
first efforts will receive reexamination notices and statements for 
reexamination fees as prescribed by the Board.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608644
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER F.Architect's Seal
22 TAC sec.1.103
The Texas Board of Architectural Examiners proposes an amendment to sec.1.103, 
concerning Required Use. This amendment provides alternatives to sealing 
documents, taking into consideration the effects of new technology in 
businesses. The statement specified in the rule allows the recipient of the 
documents to identify the documents as a drawing by an architect licensed by the 
TBAE. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be allowing for advanced technology while continuing 
to hold the architects accountable for drawings leaving their office. There will 
be no effect on small business. There is no anticipated economic cost to persons 
who are required to comply with the rule as proposed.
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 under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendment does not affect any other statutes. 

sec.1.103.<nl>Required Use<ol>
[Use of Seal] .
(a)-(c) (No change.) 
(d) Once documents bearing the architect's seal are issued from the architect's 
office, the seal shall not be removed. <nl> However, if the client requests 
electronic drawing files that would be used as reference documents, the 
following statement shall be substituted for the seal: The record copy of this 
drawing is on file at the offices of (name of firm), (address of firm). This 
electronic document is released for the purposes of reference, coordination, 
and/or facility management under the authority of (name), (registration number) 
on (date). Any modification(s) to this drawing shall be in compliance with the 
Texas Board of Architectural Examiners rules.<ol> 
(e)-(j) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608617
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER G.Titles and Firm Names
22 TAC sec.1.121, sec.1.122
(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 sec.1.121 and 
sec. 1.122, concerning titles and firm names due to the rewriting of Chapter G, 
Titles and Firm Names. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals.
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter G, Titles and Firm Names. There will 
be no effect on small business. There is no anticipated economic cost to persons 
who are required to comply with the rule as proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals do not affect any other statutes. 

sec.1.121.Titles.
sec.1.122.Authority to Practice. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608629
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER G.Compliance and Enforcement
22 TAC sec.sec.1.121-1.125
The Texas Board of Architectural Examiners proposes new sec.sec.1.121-1.125, 
concerning compliance and enforcement. The rules are being proposed to rewrite 
and update the content of the rules in Subchapter G, Titles and Firm Names. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.1.121.General.
In carrying out its responsibilities to insure strict compliance with and 
enforcement of the Regulation of the Practice of Architecture (the Act), the 
Board will make inquiries into situations which allegedly violate or abridge the 
requirements of the Act and Board rules dealing with the practice of 
architecture, and those representations which imply the legal capacity to offer 
or provide architectural services to the public. Situations which are considered 
by the Board to pose or have caused serious harm to the public, or cannot be 
readily resolved through voluntary compliance, will be disposed of by 
administrative, civil, or criminal proceedings as authorized by law. 

sec.1.122.Effect of Legal Action on Application.
(a) The application of a person against whom the Board has initiated legal 
action may be held at the Board's discretion, without approval, disapproval, or 
rejection until: 
(1) all legal proceedings have been terminated by a final judgment and the time 
for appeal has expired, or if an appeal is taken, such appeal has been 
terminated and the appellate court's mandate returned to the trial court; 
(2) the applicant is in full compliance with all orders and judgments of the 
court, all rules of the Board, and all provisions of the Act; and 
(3) such applicant has filed evidence satisfactory to the Board of such 
compliance. 
(b) When such compliance has been secured and evidence furnished, the Board 
shall complete the consideration of the application in the regular order of 
business. 

sec.1.123.Multiple Offices.
If an architect or architectural firm maintains offices in more than one 
locality, the following shall apply: 
(1) an office located in Texas having a person registered as an architect in 
Texas employed in the firm can solicit and perform architectural work. 
(2) an office located in Texas not having a person registered as an architect in 
Texas employed in the firm shall not do architectural work for the public of the 
State of Texas unless: 
(A) the architectural work is done under the responsible charge of an architect 
registered in Texas; and 
(B) the responsible architect personally affixes his/her signature, Texas 
Architect's seal, and the date to all reports, plans and specifications, or 
other architectural documents issued by the office, or as otherwise required by 
Subchapter F of this title (relating to Architect's Seal). 
(3) an office located in Texas not having a person registered as an architect in 
Texas employed in the firm shall not do architectural work for the public unless 
all negotiations with prospective clients, whether written or oral, clearly 
designate that an architect registered in Texas will be responsible for the 
work.

sec.1.124.Business Names. 
(a) Individual registrants and properly constituted business entities are 
authorized by law to engage in the practice of architecture; however, the Board 
does not certify or register architectural firms, per se. In order for such 
businesses to acquire corporate architectural status, via a No Objection letter 
issued by the Texas Board of Architectural Examiners, the business must supply 
the Board: 
(1) information on what services they intend to offer; 
(2) the names of the individuals employed by their business that are Texas 
registered architects; and 
(3) Architect of Record affidavits, available in the Board office, signed by 
Texas registered architects and notarized by a Notary Public.
(b) Thus, that responsibility of this Board to protect the public interests from 
the irresponsible practice of architecture is vested in the qualification and 
responsibility of architects who are accountable individually.

sec.1.125. Titles.
(a) Persons holding Certificates of Registration for Architecture issued by this 
Board are authorized to employ the title "architect" and use the word architect, 
or various constructions thereof, in describing or identifying services he/she 
solicits, offers, or executes. 
(b) No other person, firm, partnership, corporation, or groups of persons may 
employ the title "architect" or constructions of the word architect to describe 
persons or services, nor do such unregistered individuals or groups have 
authority to solicit, offer, or execute architectural services in this state. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608645
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER H.Rules of Conduct
22 TAC sec.sec.1.141-1.148
(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 to repeal sec. sec.1.141-
1.148, concerning rules of conduct, due to the rewriting of Subchapter H, Rules 
of Conduct. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter H. Rules of Conduct. There will be no 
effect on small business. There is no anticipated economic cost to persons who 
are required to comply with the rule as proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules.
The proposed repeals do not affect any other statutes.
sec.1.141.Authority.
sec.1.142.Standards of Practice.
sec.1.143.Grounds for Discipline.
sec.1.144.Gross Incompetence Defined.
sec.1.145.Recklessness Defined.
sec.1.146.Dishonest Practice Defined.
sec.1.147.Addiction/Habituation.
sec.1.148.Record of Conviction. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608632
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER .
22 TAC sec.sec.1.141-1.148
The Texas Board of Architectural Examiners proposes new sec.sec.1.141-1.150, 
concerning professional conduct. The rules are being proposed to replace the 
content of the rules in Subchapter H, Rules of Conduct. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249a, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.1.141.Authority.
(a) Authority for enforcement of the Regulation of the Practice of Architecture 
(the Act) is vested in the Board, with provisions therein for incurring expense 
reasonably necessary in that behalf. 
(b) The Board is charged with adoption of all reasonable and necessary rules and 
regulations which it may deem advisable and is empowered with authority to 
suspend or revoke certificates of registration, and levy fines for certain 
causes. 
(c) To establish certain standards of procedure and conduct for architects in 
practice, this and other sections of these rules should be studied carefully. 
(d) These rules of professional conduct and ethics are not intended to suggest 
or define standards of liability in civil actions against architects involving 
their professional conduct. 

sec.1.142. Professional Responsibility.
The architect shall not prepare, complete, revise, alter, sign, or seal any 
designs, plans, specifications, reports, analyses, or orders, or in any manner 
participate in any architectural practice, judgment, or decisions which, when 
measured by generally accepted architectural standards or procedures, is 
reasonably likely to result in any structure, building, work, or project 
endangering the property, lives, safety, health, or welfare of the general 
public. 

sec.1.143.Independent Professional Judgment. 
(a) Except with the consent of his/her client or employer after full disclosure, 
the architect shall not accept employment when there is a reasonable probability 
that the exercise of his/her professional judgment, decisions, or practices on 
behalf of his/her client or employer may be affected by his/her own financial, 
business, property, or personal interests. 
(b) The architect shall avoid all conflicts of interests with his/her client or 
employer, but when a conflict of interest is unavoidable, the architect shall 
promptly inform his/her client or employer of any business association, 
interest, or circumstances which might tend to influence his/her professional 
judgments, decisions, or practices, or the quality of his/her services. 
(c) The architect shall not accept compensation, material favors, or benefits of 
any substantial nature, financial or otherwise, from more than one party for 
services on the same project or assignment, or for services pertaining to the 
same project or assignment, unless the circumstances are fully disclosed to all 
interested parties. The phrase "benefits of any substantial nature" is defined 
to mean any act, article, money, or other material possession which is of such 
value or proportion that its acceptance creates a clandestine obligation on the 
part of the receiver or otherwise compromises his/her ability to exercise 
his/her own judgment, without regard to such benefit. 
(d) The architect shall not solicit or accept, directly or indirectly, any 
financial or other valuable considerations, material favors, or benefits of any 
substantial nature from any supplier of materials or equipment for any project 
on which he/she is performing or has contracted to perform architectural 
services. 
(e) The architect shall not solicit or accept any gratuity, material favor or 
benefits of any substantial nature, directly or indirectly, from contractors, 
their agents, servants, or employees, or from any other party dealing with 
his/her client or employer in connection with any project on which he/she is 
performing or has contracted to perform architectural services. 
(f) When in public service as a member or employee of any governmental body, 
agency, or department, the architect shall not, directly or indirectly, use or 
make use of any property, facility, or service of such governmental body, 
agency, or department for the benefit of any private business or activity in 
which such architect also may be engaged, unless prior, proper authority is 
obtained in writing. 
(g) When in private practice or employment the architect shall not, directly or 
indirectly, make use of any property, facility, or service of his/her client or 
employer for the benefit of said architect, unless prior, proper authority is 
obtained in writing. 
(h) The architect shall submit to a client only that work (plans, 
specifications, reports, etc.) done by him/her or under his/her responsible 
supervision; however, an architect, as a third party, may complete, correct, 
revise, or add to the work of another architect when engaged to do so by a 
client, provided: 
(1) the client furnishes the documentation of such work submitted to him/her by 
the first architect; 
(2) the first architect is notified in writing by the second architect of the 
engagement referred to in paragraph (1) of this subsection immediately upon 
acceptance of the engagement; and 
(3) any work completed, corrected, revised, or added to shall have a seal 
affixed by and become the responsibility of the second architect. 

sec.1.144.Action Shall be Competent. 
(a) The architect shall not accept any architectural employment or undertake any 
architectural assignment for which he/she is not qualified by education or 
experience to perform or carry out adequately and competently; providing and 
excepting, however, that an architect may accept an assignment requiring 
education and experience outside his/her field of competence to the extent only 
that his/her personal architectural services are restricted solely to those 
phases of the service or project in which he/she is qualified and competent, and 
that all other phases of such services or project shall be performed by legally 
qualified consultants, associates, or employees.
(b) The architect shall not affix his/her signature or seal to any architectural 
plan or document dealing with subject matter on which he/she is not qualified by 
education or experience to form a dependable judgment.
(c) The architect shall not express an architectural opinion before a court, 
administrative agency, or other government forum on any subject:
(1) in which he/she is not qualified by education or experience; or 
(2) which is contrary to generally accepted scientific and architectural 
principles without fully disclosing the basis and rationale for his/her 
conclusion. 
(d) The architect must develop contract documents that provide against 
reasonable misunderstandings that could jeopardize the client and/or builder. 
(e) The architect shall not fail to fully advise clients of the implications of 
results of decisions made by the architect. 

sec.1.145.Confidences and Private Information. 
(a) The architect shall reveal confidences and private information under the 
following circumstances: 
(1) when he/she has obtained the consent of the client(s) or employer(s) 
affected, but only after full disclosure to them; or 
(2) when required by law or court order; or 
(3) when necessary to establish legal proof of his/her relationship with a 
client or employer in a court action to recover salaries, fees, or other 
compensation due him/her as a result of his/her employment or association with 
such client or employer; or 
(4) when necessary to defend himself/herself or his/her employees or associates 
in a legal action alleging wrongful conduct. 
(b) Except as permitted by subsection (a), the architect shall not knowingly: 
(1) reveal a confidence or private information regarding or in the possession of 
his/her client or employer; or 
(2) use a confidence or private information regarding or in the possession of 
his/her client or employer to the disadvantage of such client or employer; or 
(3) use a confidence or private information regarding or in the possession of 
his/her client or employer for the advantage of a third person, unless the 
client or employer consents after full disclosure.
(c) The architect shall exercise reasonable care to prevent his/her employees 
and associates from the unauthorized disclosure or use of private information or 
confidences regarding or in the possession of a client or employer. 

sec.1.146.Professional Practice and Reputation. 
(a) The architect shall not offer or promise to pay or deliver, directly or 
indirectly, any commission, political contribution, gift, favor, gratuity, 
benefit, or reward as an inducement to secure any specific architectural work or 
assignment; providing and excepting, however, that an architect may pay a duly 
licensed employment agency its fee or commission for securing architectural 
employment in a salaried position. This is not intended to prohibit architects 
from volunteering their services to charity. 
(b) The architect shall not solicit professional employment by advertising which 
is false, misleading, deceptive, or which does not clearly display the 
registrant's state registration number. 
(c) The architect shall not make, publish, or cause to be made or published any 
representation or statement concerning his/her professional qualifications or 
those of his/her partners, associates, firm, or organization, either current or 
former, which is in any way misleading or tends to mislead the recipient 
thereof, or the public, concerning his/her architectural education, experience, 
specializations, or other architectural qualifications. 
(d) A registrant must comply with the Texas Professional Services Procurement 
Act, Article 664-4, Texas Civil Statutes. 

sec.1.147.Addiction/Habituation.
If in the course of a disciplinary proceeding, it is found by the Board that 
addiction or habituation to alcohol or a controlled substance, as provided by 
Texas Civil Statutes, Article 4476-15, sec.1.02(4) (Controlled Substance Act), 
contributed to a violation of the Act or rules of this Board, then the Board may 
condition its disposition of the disciplinary matter on the architect's 
completion of a rehabilitation program approved by the Texas Commission on 
Alcohol and Drug Abuse at a facility also approved by the commission.

sec.1.148.Responsibility to the Architectural Profession.
(a) The architect shall not: 
(1) circumvent or attempt to circumvent any provision of the Act or a general 
Board rule through the actions of another; 
(2) participate, directly or indirectly, in any plan, scheme, or arrangement 
attempting or having as its purpose the evasion of any provision of the Act or 
general Board rule; 
(3) fail to exercise reasonable care or diligence to prevent his/her partners, 
associates, and employees from engaging in conduct which, if done by him/her, 
would violate any provision of the Act or general Board rule; 
(4) violate any of the professional practice requirements of related state 
statutes and local codes and ordinances in providing architectural services; 
(5) engage in any illegal conduct involving moral turpitude;
(6) engage in any conduct that discredits or tends to discredit the 
architectural profession; 
(7) make, publish, or disseminate any statements, criticisms, or arrangements on 
architectural matters connected with public policy which are inspired or paid 
for by an interested party or parties, unless he/she has prefaced such statement 
or comment by explicitly identifying himself/herself, disclosing the identities 
of the party or parties on whose behalf he/she is speaking and revealing the 
existence of any pecuniary interest he/she may have in such architectural 
matter; 
(8) permit or allow his/her professional identification, seal, firm or business 
name, or his/her services to be used or made use of, directly or indirectly, or 
in any manner whatsoever, so as to make possible to create the opportunity for 
the unauthorized practice of architecture by any person, firm, or corporation in 
this state; 
(9) perform any acts, allow any omissions, or make any assertions or 
representations in the practice of architecture which are fraudulent, deceitful, 
or misleading, or which in any manner whatsoever tend to create a misleading 
impression; 
(10) associate with or permit or allow the use of his/her name, firm or business 
name or professional identification, or seal in connection with any business 
venture, project or enterprise which he/she knows or should have known, is 
engaged in professional practices which violate any provision of the Act or any 
Board rule; 
(11) maliciously injure or attempt to injure or damage the professional 
reputation of another by any means whatsoever; provided and except, however, 
that this shall not relieve any architect of the obligation to expose any fraud, 
gross negligence, incompetence, misconduct, unethical or illegal conduct to the 
proper authorities or preclude a frank but private appraisal of architects or 
other persons or firms when requested by a client or prospective employer; 
(12) aid or abet, directly or indirectly, any unregistered person in connection 
with the unauthorized practice of architecture, or any firm or corporation in 
the practice of architecture unless carried on in accordance with the provisions 
of the Act; 
(13) directly or indirectly or in any manner whatsoever lend his/her 
registration, seal, or professional identification to any unregistered person or 
to any firm or corporation carrying on the practice of architecture contrary to 
the provisions of the Act; or 
(14) on his/her own authority as an employee of the State of Texas or any of its 
political subdivisions authorize or create any situation contrary to the 
requirements of the Act. 
(b) The architect possessing knowledge of an applicant's qualifications for 
registration shall cooperate with the Board by responding in writing to the 
Board with those qualifications when requested to do so by the applicant or the 
Board. 
(c) The architect shall be personally and professionally responsible and 
accountable for the care, custody, control, and use of his/her architect's seal, 
his/her professional signature, and identification. The architect whose seal has 
been lost, misplaced, or stolen, shall, upon discovery of its loss, report same 
immediately to the Board, which may invalidate the stolen registration number of 
said seal, if it deems this necessary, and issue another registration number to 
said architect. 

sec.1.149.Prevention of Unauthorized Practice. 
(a) The architect shall not practice or offer to practice architecture in any 
governmental jurisdiction in which to do so would be in violation of the laws 
regulating the practice of architecture in that jurisdiction.
(b) The revocation, suspension, or denial of a registration to practice 
architecture in another jurisdiction, for reasons or causes which the Board 
finds would constitute a violation of the Texas Act or any rule, regulation, or 
code promulgated by the Board, shall be sufficient cause for the denial, 
suspension, or revocation of a registration to practice architecture in the 
State of Texas. 

sec.1.150.Criminal Convictions. 
(a) In consideration of Texas Civil Statutes, Articles 6252-13c and 13d, the 
following will apply in the processing of an application for registration as an 
architect: 
(1) The applicant will be required to state, as part of a sworn affidavit, 
whether he/she has ever been convicted of a felony or misdemeanor.
(2) Applicants with prior convictions will be required to provide a summary of 
the conviction in sufficient detail to allow the Board to determine if it is 
applicable to the application for registration.
(3) If the Board determines the conviction is applicable to the application, the 
Board staff will obtain sufficient details of the conviction to allow the Board 
to determine the effect of the conviction on the applicant's eligibility for 
registration. 
(b) In determining whether a criminal conviction is applicable to an applicant's 
application, the Board will consider the following: 
(1) the nature and seriousness of the crime; 
(2) the relationship of the crime to the purposes for requiring a registration 
to practice architecture; 
(3) the extent to which a registration might offer an opportunity to engage in 
further criminal activity of the same type as that which the applicant had been 
previously involved; and 
(4) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of an architect. 
(c) In addition to the factors that may be considered under subsection (b) of 
this section, the Board shall consider the following: 
(1) extent and nature of the applicant's past criminal activity;
(2) the age of the applicant at the time the crime was committed, and the amount 
of time that has elapsed since the applicant's last criminal activity; 
(3) the conduct and work activity of the applicant prior to and following the 
criminal activity; 
(4) evidence of the applicant's rehabilitation; and 
(5) other evidence of the applicant's fitness to practice as an architect. 
(d) Crimes relating to the practice of architecture include, but are not limited 
to, the following: 
(1) criminal negligence; 
(2) soliciting, offering, giving or receiving any form of bribe; 
(3) the unauthorized use of property, funds or proprietary information belonging 
to another; 
(4) acts relating to the acquisition, use, or dissemination of confidential 
information related to architecture; and 
(5) any violation as an individual or as a consenting party of any provision of 
the Act (Texas Civil Statutes, Article 249a). 
(e) The application of any applicant deemed ineligible for registration because 
of a prior criminal conviction will be proposed for rejection and the applicant 
will be provided the following information in writing: 
(1) the reason for rejecting the application; 
(2) notice of the administrative procedure used to conduct an informal 
conference to show compliance with all requirements of law for registration as 
an architect, as provided by sec.1.275 of this title (relating to Complaints), 
and similar to the proceedings established for registrants under sec.1.161 of 
this title (relating to Disciplinary Actions); and 
(3) notice that upon exhaustion of the administrative appeal, an action may be 
filed in a district court of Travis County for review of the evidence presented 
to the Board and its decision. The person must begin the judicial review by 
filing a petition with the court within 30 days after the Board's decision is 
final and appealable.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608648
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER I.Charges Against Architects: Action
22 TAC sec.sec.1.161-1.179
(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 to repeal sec.sec.1.161- 
1.179, concerning charges against architects: action, due to the rewriting of 
Subchapter I, Charges Against Architects: Action. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals.
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter I, Charges Against Architects: 
Action. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed.
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 repeals are proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals do not affect any other statutes. 
sec.1.161.Disciplinary Action.
sec.1.162.Administrative Fines.
sec.1.163.Definitions of Complaint.
sec.1.164.Records.
sec.1.165.Administrative Procedure Act.
sec.1.166.Informal Disposition.
sec.1.167.Notice of Hearing.
sec.1.168.Appeals from Board Orders.
sec.1.169.Witnesses.
sec.1.170.Notices.
sec.1.171.Official Record.
sec.1.172.Transcript.
sec.1.173.Findings.
sec.1.174.Administrative Fine Notice and Payment. 
sec.1.175.Correspondence.
sec.1.176.Disqualification of Board Members.
sec.1.177.Absence from a Hearing.
sec.1.178.Time Extensions.
sec.1.179.Summons.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608635
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

22 TAC sec.1.161
The Texas Board of Architectural Examiners proposes new sec. 1.161, concerning 
Disciplinary Actions. The rule is being proposed to replace the content of the 
rules in Subchapter I, Charges Against Architects: Action. Cathy L. Hendricks, 
Executive Director, Texas Board of Architectural Examiners, has determined that 
for each year of the first five years the section as proposed is in effect, 
there will be no fiscal implications as a result of enforcing or administering 
the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be more effective enforcement and protection of the 
public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed. 
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 section is proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new section does not affect any other statutes. 

sec.1.161. Disciplinary Actions.
(a) The Board may revoke Certificates of Registration for failure to register 
annually. Register annually is defined as: 
(1) completing the renewal form completely; and 
(2) remitting the correct amount of renewal fees as described in Subchapter E of 
this chapter (relating to Fees). A registrant who has failed to register 
annually and has not yet been revoked by Board action will be categorized as a 
delinquent registrant. 
(b) Under the authority and provisions of the Regulation of the Practice of 
Architecture (the Act), sec.11, the Board may take disciplinary action against a 
registrant who is found censurable for a violation of law, rules, or conduct. In 
such case, the Board may do any of the following: 
(1) revoke a certificate of registration; 
(2) suspend a certificate of registration; 
(3) probate a suspended registration; 
(4) assess an administrative penalty: 
(A) the administrative penalty levied by the Board for each violation shall not 
exceed the maximum amount allowed by Article 249a, Texas Civil Statutes.; 
(B) each day a violation continues or occurs may be considered a separate 
violation when levying an administrative penalty; 
(5) issue a formal or informal reprimand: 
(A) a formal reprimand will take the form of a Board order;
(B) an informal reprimand may be no less than an oral or written admonishment 
from the Board. All actions of the Board are properly recorded and available 
upon request as public information. In addition, all actions enumerated in this 
subsection, except an informal reprimand, will be published in the Board 
newsletter and transmitted to the National Council of Architectural Registration 
Boards. 
(c) Architects must comply with the Texas Department of Licensing and Regulation 
requirements and submit drawings in a timely manner. Failure to do so is 
considered a violation. The Board may revoke or suspend an architect's 
certificate of registration; place on probation an architect whose registration 
has been suspended or reprimanded; or assess an administrative penalty in an 
amount not to exceed $1,000. 
(d) An individual whose registration has expired for nonpayment of renewal fees 
is a delinquent registrant of the Board and is subject to all provisions of the 
Act and Board rules governing registrants until such time as registration is 
revoked by action of the Board. 
(e) In determining disciplinary actions to be taken by the Board, the 
requirements of Texas Civil Statutes, Article 6252-13c and 6252-13d, as set out 
in subsection (i) of this section, will be considered in addition to any 
provisions of the Act or Board rules. 
(f) In determining conduct in the practice of architecture that warrants 
disciplinary action, the Board will consider, among other things, professional 
conduct and ethics and conviction of certain crimes as provided in Texas Civil 
Statutes, Articles 6252-13c and 6252-13d. 
(g) A registrant alleged to have violated the law, rules, or standards of 
conduct will be notified by personal service or by certified or registered mail 
of the facts or conduct alleged to be in violation and shall be afforded an 
opportunity to present arguments and evidence in his/her own behalf before a 
determination of censurable conduct is made by the Board, as provided in 
Subchapter J of this chapter (relating to Complaint Procedures).
(h) Where a violation appears evident, the Board will consider instituting 
disciplinary action by means of scheduling a public hearing in conformance with 
Subchapter K of this chapter (relating to Hearings-Contested Cases); however: 
(1) the registrant will first be advised of the right to voluntarily contact the 
Board within a specified time limit to schedule an informal conference normally 
at the Board office with an informal conference review committee for the purpose 
of showing there has been no violation as alleged. The committee will be 
composed of appropriate personnel. The registrant may employ an attorney to 
represent him. If the registrant desires a conference and the complaint cannot 
thereafter be dismissed on the evidence, an effort will be made to reach an 
informal settlement. This settlement will take the form of a proposed agreed 
Board order which will be presented to the Board for acceptance or rejection; 
(2) if facts and circumstances of a particular case appear to warrant 
disposition by offering the registrant a consent order, the Executive Director 
on the advice of the staff and legal counsel may approve of such offer in lieu 
of an informal conference. Any such consent order may be accepted or rejected by 
the Board. If the registrant declines such an offer, or if the Board rejects it, 
the procedures in paragraph (1) of this subsection will be followed; 
(3) if the registrant's registration has expired, the Board may propose not to 
renew the registration. If the registrant does not concur with this action and 
submits the required fee to effect an automatic renewal of his/her registration, 
the Board will renew the registration and instigate proceedings to suspend the 
registration or revoke the certificate of registration; or 
(4) any Board action under this subsection which is not informally disposed by 
stipulation, agreed settlement, consent order, or default will be treated as a 
contested case and disposed as provided by the Administrative Procedure Act 
(Texas Civil Statutes, Government Code, Title 10, Chapter 2001) and the Board 
rules for hearings and contested cases. 
(A) The Board shall hear such witnesses as are reasonably necessary to fairly 
present the relevant issues as set forth in the complaint, together with 
witnesses knowledgeable of material facts to the defense of the architect. 
(B) Copies of the notices of formal hearings scheduled shall be filed with the 
Secretary of State and other appropriate agencies. 
(C) The Board shall keep an official record of all proceedings and exhibits. 
(D) The Board may cause a transcript of the proceedings to be made which, 
together with the evidence and exhibits submitted, shall be the record of the 
hearing. Such transcript may be made also on written request of either party of 
said charges, but at the expense of the demand party. A copy of such transcript, 
however caused to be made, shall be submitted to the Board and become part of 
the record of the case. 
(i) Criminal convictions shall be handled as follows: 
(1) Under the authority of Texas Civil Statutes, Article 6252-13c, sec.4e, and 
Article 249a, sec.5(b), the Board shall revoke the certificate of any registrant 
incarcerated as a result of conviction for a felony committed subsequent to 
being registered as an architect. The certificate of registration of any 
registrant shall also be revoked for felony probation revocation, revocation of 
parole, or revocation of mandatory supervision subsequent to being registered as 
an architect regardless of the date of the original conviction.
(2) The Board may take any of the actions set out in subsection (b) of this 
section when a registrant is convicted of a misdemeanor or a felony without 
incarceration if the crime directly relates to his/her duties and 
responsibilities as an architect as set out in sec.1.150 of this title (Relating 
to Criminal Convictions). Full disclosure of information involving a misdemeanor 
or a felony is required at the time of the conviction. 
(3) Any registrant whose certificate of registration has been revoked under the 
provisions of this subsection will be advised in writing of the right to apply 
for reinstatement of registration. 
(j) The facts and circumstances of each disciplinary case will be assessed by 
the following factors before any sanctions available to the Board are ordered. 
(1) The seriousness of the prohibited acts or omissions. 
(2) The number of prior complaints found justified against the respondent. 
(3) The severity of penalty necessary to deter future violations. 
(4) Efforts or resistance to correct the violations. 
(5) Any hazard to the health, safety or welfare of the public. 
(6) Any actual damage, physical or otherwise, caused by the violations. 
(7) Any economic benefit gained through the violations.
(8) Any other matters that justice and public welfare may require. 
(k) The following is a table of suggested sanctions for specific infractions of 
the law or rules: 
Figure: 22 TAC sec.1.161 (k) 
(l) Any felony conviction which includes incarceration will statutorily require 
the revocation of a certificate of registration, Article 6252-13c, Texas Civil 
Statutes. 
(m) The Board, the Executive Director, an administrative hearing judge, and the 
participants in an informal conference may arrive at a greater or lesser 
sanction than suggested in subsection (k) of this section based on the ultimate 
assessment of evidence or agreement in the expedience of justice. Conditions of 
a suspension, probation, or formal reprimand may be set by the Board in its 
final order. 
(n) A registrant whose registration is current or renewable under the Act, 
sec.12, is responsible to the Board and subject to all rules governing the acts 
of registrants. The registrant shall answer promptly all inquiries concerning 
matters under the jurisdiction of the Board, and shall fully comply with final 
decisions and orders of the Board. Failure to comply with these matters will 
constitute a separate offense of misconduct subject to any of the penalties 
provided under the Act, sec.11.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608650
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER J.Violations by Unregistered Persons
22 TAC sec.sec.1.191-1.195
(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 to repeal sec.sec.1.191-
1.195, concerning violations by unregistered persons, due to the rewriting of 
Subchapter J, Violations by Unregistered Persons. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter J. Violations by Unregistered 
Persons. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals do not affect any other statutes.
sec.1.191. Authority.
sec.1.192. Complaints; Alleged Violations.
sec.1.193.Investigation.
sec.1.194. Action.
sec.1.195. Records.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608638
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER J.Complaint Procedure
22 TAC sec.sec.1.191-1.193
The Texas Board of Architectural Examiners proposes new sec.sec.1.191-1.193, 
concerning Complaints Against Registrants and nonregistrants. The rules are 
being proposed to replace the content of the rules in Subchapter J, Violations 
by Unregistered Persons. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections.
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed is in effect, the public benefit anticipated as a result of 
enforcing the sections will be more effective enforcement and protection of the 
public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed.
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 sections proposed under the Texas Civil Statutes, Article 249a, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.1.191. General.
(a) The Regulation of the Practice of Architecture (the Act), Article 249a, 
Texas Civil Statutes., is specific in its provisions, authorizing the lawful 
practice of architecture. It is equally specific in charging the Texas Board of 
Architectural Examiners with responsibility for enforcement of the Act. The 
statute exempts certain persons from provisions of the Act, but otherwise, 
unregistered persons are liable for violations. 
(1) The Board has authority to seek misdemeanor convictions and fines up to 
$1,000 per violation for persons representing themselves as an architect, 
architectural designer, or other title of profession or business using some form 
of the word "architect" and/or offering or performing architectural services not 
under an exception as permitted under the Act.
(2) Each day of an offense is considered a separate violation.
(b) Complaints alleging violations of the Act or Board rules must be made in 
good faith and be accompanied by sufficient information or factual evidence for 
the Executive Director to establish probable cause. If the Executive Director 
does not find probable cause, he/she shall be authorized to dismiss the 
allegation without further action. The Board is not responsible for proving the 
basis of a complaint. 
(c) Complaints shall normally be submitted in writing along with copies or 
originals of all supporting evidence; however, the Executive Director may 
initiate an inquiry based on any information that will establish probable cause. 
(d) The Board will act only when the basis of the complaint would be a violation 
of the Act or Board rules if substantiated. 
(e) If a valid complaint, accompanied by sufficient information or factual 
evidence to establish probable cause, is filed with the Executive Director, the 
Board may proceed independent of any action by the complainant to enter into 
litigation with the defendant or to abandon the complaint.
(f) The Board may, upon request, keep the identity of the complainant 
confidential to the extent permitted by law. 
(g) The Board office shall maintain a separate file containing all information 
in connection with complaints, charges, hearings in connections with such 
charges, and the action of the Board in each case. 
(h) On each written complaint filed with the Board, a report to the complainant 
shall be made at least as frequently as quarterly on the status of the complaint 
until the final disposition of the complaint. 

sec.1.192. Complaints Against Nonregistrants.
(a) Complaints alleging violations of the Act or Board rules should be in 
writing and accompanied by sufficient information or factual evidence to 
establish probable cause. Complaints shall be submitted on forms provided by the 
Board or in a written form that will provide the same information as the 
official forms. Complaints must be notarized. Information to be provided 
includes: 
(1) name of the alleged violator; 
(2) description of the alleged violation; 
(3) supporting information and factual evidence; 
(4) names, addresses and phone numbers of witnesses; and
(5) probable source of other pertinent information. 
(b) Upon determination that a violation of the Act or Board rules has occurred, 
the Board may take one or more of the following actions:
(1) enter into an agreement of voluntary compliance; or 
(2) file an injunctive suit to obtain compliance; or 
(3) file a criminal complaint with the appropriate prosecuting authority as 
provided by the Act, 13. 

sec.1.193. Complaints Against Registrants.
(a) The provisions of the Act and the provisions of the Administrative Procedure 
Act (APA) shall apply to the conduct of all investigations and administrative 
actions in the Board's handling of a complaint. In addition, the Board may 
promulgate other procedural rules not inconsistent with the Act or APA. 
(b) Complaints shall be submitted on forms provided by the Board or in a written 
form that will provide the same information as the official forms. Complaints 
must be notarized. Information to be provided includes: 
(1) name of the alleged violator; 
(2) description of the alleged violation; 
(3) supporting information and factual evidence; 
(4) names, addresses and phone numbers of witnesses; and
(5) probable source of other pertinent information. 
(c) Upon determination that a violation of the Act or Board rules has occurred, 
the Board will take one of the actions set out in the Act, sec.11. In addition, 
the Board may take injunctive or criminal action if deemed appropriate, as set 
out in sec.5.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608655
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER L.Hearings-Contested Cases
22 TAC sec.sec.1.231-1.276
The Texas Board of Architectural Examiners proposes new sec.sec.1.231-1.276, 
concerning hearings - contested cases. The following rules reflect changes 
necessary to comply with Texas Civil Statutes, Annotated., Government Code, 
Title 10, Chapter 2003, relating to State Office of Administrative Hearings 
(SOAH). 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections.
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be to provide notice of the procedure in 
contested cases. There will be no effect on small business. There is no 
anticipated economic cost to persons who are required to comply with the rules 
as proposed. 
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 sections are proposed under the Texas Civil Statutes, Article 
249a, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.1.231. State Office of Administrative Hearings. 
(a) Formal contested case hearings will be conducted for the Board by the State 
Office of Administrative Hearings (SOAH), as authorized by Texas Civil Statutes, 
Article 6252-13f. Hearings will be conducted in accordance with the 
Administrative Procedure Act, the rules and regulations of the SOAH, and the 
Regulation of the Practice of Architecture (the Act) and the Texas Board of 
Architectural Examiners' Rules and Regulations. 
(b) An administrative law judge (judge) assigned to the SOAH will perform the 
duties and responsibilities as described in sec.sec.1.231-1.276 of this title 
(relating to Hearings - Contested Cases). 
(c) The judge shall consider any applicable Board rules and policies in 
conducting the hearing. If there is any conflict between the rules of the SOAH 
and these Board rules, these rules will control unless otherwise specifically 
stated in the SOAH rules. This subsection does not apply if the rules of the 
Board are contrary to or are otherwise precluded by statutory or other 
controlling law, including Texas Civil Statutes, Article 6252-13f. 

sec.1.232. Board Responsibilities.
The Board will conduct sufficient investigation of complaint matters within its 
jurisdiction and attempt to resolve cases through authorized informal 
dispositions. However, when agreements are not reached or approved, the Board 
must refer contested cases to the State Office of Administrative Hearings for 
formal hearings. The Board shall not attempt to influence the findings of facts 
or the judge's application of the law in any contested case other than by proper 
evidence and legal argument. The Board may, however, change a finding of fact or 
conclusion of law made by the judge, or vacate or modify an order issued by the 
judge, only for reasons of policy and must state in writing the reason and legal 
basis for the change. If a member of the Board finds that he/she should not act 
on any charge before the Board, he/she may disqualify himself/herself from 
acting in the proceedings.

sec.1.233. Jurisdiction; Request for Hearings or Law Judge.
(a) The State Office of Administrative Hearings (SOAH) acquires jurisdiction 
over a case when the Board files a written request for setting of hearing form 
or request for assignment of an administrative law judge form. A request for 
setting of hearing or for assignment of an administrative law judge shall be 
considered filed on the date the request form is received by the SOAH. 
(b) The Board shall submit to the SOAH one of the following accompanied by 
copies of all pertinent documents (including but not limited to the complaint, 
petition, application, or other document describing Board action giving rise to 
a contested case), along with a written statement of applicable rules and 
policies: request for setting of hearing; or, request for assignment of a judge. 
If the Board requests a setting for a hearing, the SOAH will provide the Board 
with the date, time, and place of such setting. If the Board requests an 
assignment of a judge, the SOAH will assign a judge to consider motions and 
other prehearing matters. After a cause has been set for hearing pursuant to a 
request for setting of hearing or has been assigned a judge pursuant to a proper 
request, any party may move for appropriate relief, including but not limited to 
discovery and evidentiary rulings, continuances, and settings, which will be 
ruled on by the SOAH. 

sec.1.234. Filings.
(a) Originals or duplicates of originals of all notices, pleadings, motions, 
answers, affidavits, and all other filings in a contested case, made in 
accordance with the Administrative Procedure Act, the Texas Rules of Civil 
Evidence, or other applicable law, shall be filed with the State Office of 
Administrative Hearings (SOAH) at the time the SOAH acquires jurisdiction or at 
the time the instrument is issued and delivered if that time is later than the 
time the SOAH acquires jurisdiction. 
(b) Pursuant to the SOAH rules, a copy of all filings shall be sent by mail or 
otherwise delivered to all parties or their representative of record. 
(c) A certificate of service, signed by the person making the filing, showing 
the manner of service, stating that the filing has been served on all other 
parties and identifying those parties shall be contained in or attached to all 
filings. The certificate is prima facie evidence of service. The following form 
of certificate will be sufficient in this connection: I hereby certify that I 
have this _________ day of ______________, ______, served copies of the 
foregoing pleading, upon all other parties in this proceeding, by (here state 
the manner of service). (Signature.) 
(d) If a filing does not contain a required certificate of service, or otherwise 
show service on all other parties: 
(1) the SOAH may return the filing to the filing party; or
(2) the SOAH may send a notice to all parties stating that the filing does not 
show service on all parties and will not be considered unless and until the SOAH 
is notified that all parties have been served with the filing; or 
(3) the SOAH may, in the interest of economy of effort, send a copy of the 
filing to all parties. 
(e) In computing any period of time prescribed or allowed by Board rules, by 
order of the Board, or by any applicable statute, the period shall begin on the 
day after the act or event considered, and conclude on the last day of such 
computed period, unless it be a Saturday, Sunday, or a legal state holiday, in 
which event the period runs until the end of the next day which is not a 
Saturday, Sunday or a legal state holiday.

sec.1.235. Stipulations; Agreements.
(a) The parties, by stipulation, may agree to any substantive or procedural 
matter. 
(b) A stipulation may be filed in writing or entered on the record at the 
hearing. 
(c) The judge may require additional development of stipulated matters. 
(d) No stipulation or agreement between the parties and their attorneys or 
representatives with regard to any matter involved in any proceeding before the 
Board or the State Office of Administrative Hearings shall be enforced unless it 
shall have been reduced to writing and signed by the parties or their authorized 
representatives, or unless it shall have been dictated into the record by them 
during the course of a hearing, or incorporated in an order bearing their 
written approval. This subsection does not limit a party's ability to waive, 
modify, or stipulate any right or privilege afforded by these sections, unless 
precluded by law. 

sec.1.236. Service.
Unless otherwise required by law, service of the following documents shall be 
made by personal delivery to the party or to the party's representative by 
certified mail, return receipt requested, hand delivery or via facsimile to the 
party's address of record: 
(1) notices of hearing; 
(2) default orders; 
(3) prehearing orders; 
(4) proposal for decisions; and 
(5) decisions and orders of the Board.

sec.1.237. Conduct and Decorum.
(a) Every party, witness, attorney, or other representative shall comport 
himself/herself in all proceedings with proper dignity, courtesy, and respect 
for the Board, the administrative law judge, and all other parties. Disorderly 
conduct will not be tolerated. Attorneys and other representatives of parties 
shall observe and practice the standards of ethical behavior prescribed for 
attorneys at law by the Texas State Bar. 
(b) Unless otherwise prohibited by federal or state law, all proceedings before 
the Board or conducted by the State Office of Administrative Hearings are open 
to the public. The judge may remove persons whose conduct impedes the orderly 
progress of the hearing and restrict attendance because of the physical 
limitations of the hearing facility. 

sec.1.238. Classification of Parties.
Parties to proceedings before the Board and the State Office of Administrative 
Hearings are applicants, protestants, petitioners, complainants, respondents, 
and intervenors. Regardless of errors as to designations in their pleadings, the 
parties shall be accorded their true status in the proceeding.

sec.1.239. Appearances in Person or by Representative; Waivers; Defaults.
(a) An individual may represent himself/herself. 
(b) A party may be represented by an attorney authorized to practice law in the 
State of Texas or other representative when authorized by law. 
(c) A party's representative shall enter his/her appearance with the State 
Office of Administrative Hearings (SOAH). 
(d) A party's representative of record shall be copied on all notices, 
pleadings, and other correspondence. 
(e) A party's attorney of record remains the attorney of record in the absence 
of a formal withdrawal and an order approving such withdrawal is issued by a 
judge. 
(f) A hearing before the judge is not necessary if all parties agree to the 
admission of the evidence and waive their right to appear. 
(g) A party may waive the right to appear at the hearing unless prohibited by 
law. 
(h) A waiver shall be in writing and filed with the SOAH. 
(i) If, after receiving notice of a hearing, a party fails to attend a hearing, 
the judge may proceed in that party's absence and, where appropriate, may issue 
a proposal for decision against the defaulting party.
(j) A waiver may be withdrawn by a party on written notice received by the SOAH 
no later than seven days before the scheduled hearing. The judge may permit 
withdrawal of a waiver subsequent to that time on a showing of good cause or in 
the interest of justice. When a waiver is permitted by law, failure of a party 
to appear personally or by representation after filing written notice of waiver, 
may not result in a finding of default.

sec.1.240. Classification of Pleadings.
Pleadings filed in contested cases shall be protests, petitions, complaints, 
answers, replies, motions for rehearing, and other motions. Regardless of any 
error in the designation of a pleading, it shall be accorded its true status in 
the proceeding in which it is filed. 

sec.1.241. Form and Content of Pleadings.
(a) Pleadings shall be typewritten or printed upon paper 8-1/2 inches wide and 
11 inches long with an inside margin at least 1 inch wide, and exhibits annexed 
thereto shall be folded to the same size. Reproductions are acceptable, provided 
all copies are clear and permanently legible. 
(b) All pleadings for which no official form is prescribed shall contain: 
(1) the name of the party seeking to bring about or prevent action by the Board; 
(2) a concise statement of the facts relied upon by the pleader; 
(3) a prayer stating the type of relief, action, or order desired by the 
pleader; 
(4) any other matter required by statute; and 
(5) a certificate of service, as required by sec.1.234 of this title (relating 
to Filings). 
(c) Each application, petition, or complaint which is intended to institute a 
proceeding before the Board shall be accompanied by any filing fee prescribed by 
law and these sections. 

sec.1.242. Discovery.
(a) Parties to an administrative hearing before the State Office of 
Administrative Hearings (SOAH) shall have the discovery rights provided in the 
Administrative Procedure Act, the Act and Board rules. 
(b) Requests for issuances of subpoenas or commissions should be directed to the 
Board. 
(c) All discovery requests should be initially directed to the party from which 
discovery is being sought. 
(d) All disputes with respect to any discovery matter shall be filed with and 
resolved by the SOAH. 
(e) All parties will be afforded a reasonable opportunity to file objections or 
move for a protective order with respect to the issuance of a subpoena or 
commission. 
(f) Copies of discovery requests and documents filed in response thereto shall 
be filed with all parties, but should not be filed with the SOAH unless directed 
by the judge or when in support of a motion to compel, motion for protective 
order, or motion to quash.

sec.1.243. Motions; Amendments.
(a) Unless otherwise provided by these sections: 
(1) a party may move for appropriate relief before or during a hearing; 
(2) a party shall submit all motions in writing or orally at a hearing; 
(3) written motions shall: 
(A) be filed no later than 15 days before the date of the hearing, provided, for 
good cause stated in the motion, the judge may permit a written motion 
subsequent to the time; 
(B) state concisely the question to be determined; 
(C) be accompanied by any necessary supporting documentation, and if based on 
matters which do not appear of record, they shall be supported by affidavit; and 
(D) be served on each party; 
(4) an answer to a written motion shall be filed on the earlier of: 
(A) seven days after receipt of the motion; or 
(B) on the date of the hearing; 
(5) on written notice to all parties or with telephone consent of all parties, 
the judge may schedule a conference to consider a written motion; or 
(6) the judge may reserve ruling on a motion until after the hearing; or 
(7) the judge may issue a written decision or state the decision on the record; 
or 
(8) if a ruling on a motion is reserved, the ruling shall be in writing and may 
be included in the judge's proposed decision; and 
(9) the filing or pendency of a motion does not alter or extend any time limit 
otherwise established by these rules. 
(b) Continuance may be granted by the State Office of Administrative Hearings in 
accordance with the Administrative Procedure Act, the Act and Board rules, and 
applicable case law. Motions for continuance shall be in writing or stated in 
record, and shall set forth the specific grounds upon which the party seeks the 
continuance. 
(c) Unless made during a prehearing or hearing, for all motions for continuance, 
cancellation of a scheduled proceeding or extension of an established deadline 
filed fewer than ten days before the date or deadline in question, the movant 
must contact the other party(ies) and must indicate in the motion whether it is 
opposed by any party(ies). Further, if a continuance to a date certain is 
sought, the motion must include a proposed date or dates (preferably a range of 
dates) and must indicate whether the party(ies) contacted agree on the proposed 
new date(s). 
(d) Any pleading may be amended at any time up to seven days prior to hearing 
and thereafter with approval of the judge; provided, that the complaint or 
petition upon which notice has been issued shall not be amended so as to broaden 
the scope. 

sec.1.244. Prehearing Conferences and Orders.
(a) When appropriate, the judge may hold a prehearing conference to resolve 
matters preliminary to the hearing. 
(b) A prehearing conference may be convened to address the following matters: 
(1) issuance of subpoenas; 
(2) factual and legal issues; 
(3) stipulations; 
(4) requests for official notice; 
(5) identification and exchange of documentary evidence;
(6) admissibility of evidence; 
(7) identification and qualification of witnesses; 
(8) motions; 
(9) discovery disputes; 
(10) order of presentation; 
(11) scheduling; 
(12) settlement conferences; and 
(13) such other matters as will promote the orderly and prompt conduct of the 
hearing. 
(c) Among other matters, as stated in subsection (b) of this section, an 
administrative law judge may order: 
(1) that the parties discuss the prospects of settlement or stipulations and be 
prepared to report thereon at the prehearing conference;
(2) that the parties file and be prepared to argue preliminary motions at the 
prehearing conference; 
(3) that the parties be prepared to specify the controlling factual and legal 
issues in the case at the prehearing conference; and 
(4) that the parties make a plain and concise statement of undisputed facts and 
issues at the prehearing conference. 
(d) At the discretion of the judge, all or part of the prehearing conference may 
be recorded or transcribed. 
(e) The judge may, after the office acquires jurisdiction, issue an order 
requiring a prehearing statement of the case. The parties shall, within 14 days 
of service, file a statement specifying the parties' present position on any or 
all of the following as required by the judge:
(1) the disputed issues or matters to be resolved; 
(2) a brief statement of the facts or arguments supporting the party's position 
in each disputed issue or matter; 
(3) a list of facts or exhibits to which a party will stipulate; and 
(4) a description of the discovery, if any, the party intends to engage in and 
an estimate of the time needed to complete discovery. Parties shall supplement 
this statement on a timely basis. 
(f) The judge may issue a prehearing order reciting the actions taken or to be 
taken with regard to any matter addressed at the prehearing conference. The 
prehearing order shall be a part of the case record. If a hearing conference is 
not held, the judge may issue a prehearing order to regulate the conduct of the 
proceedings. 

sec.1.245. Notice of Hearing.
(a) The Board shall be responsible for providing notice to all parties as 
required under the Administrative Procedure Act, sec.2001.052, and other 
applicable law. 
(b) A judge may issue notice of date, time, and place for hearings. sec.1.246. 
Certificates of Registration. When the grant, denial, renewal, revocation, 
probation, reprimand, or suspension of a certificate of registration is required 
by statute to be preceded by notice and opportunity for hearing, the provisions 
of these sections concerning contested cases apply. 

sec.1.247. Conduct of Hearings.
(a) On a genuine issue in a contested case, each party is entitled to: 
(1) call witnesses; 
(2) offer evidence; 
(3) cross-examine any witness called by a party; and 
(4) make opening and closing statements. 
(b) Once the hearing is begun the parties may be off the record only when the 
judge permits. If the discussion off the record is pertinent, then the judge 
will summarize the discussion for the record. 
(c) Objections shall be timely noted in the record, according to the Texas Rules 
of Civil Evidence. 
(d) The judge may continue a hearing from time to time and from place to place. 
If the time and place for the proceeding to reconvene are not announced at the 
hearing, a notice shall be mailed stating the time and place of hearing. 
(e) The judge may question witnesses and/or direct the submission of 
supplemental data. 
(f) Unless precluded by law, informal disposition may be made of any contested 
case by stipulation, agreed settlement, consent order, or default. 

sec.1.248. Formal Exceptions.
Formal exceptions to rulings of the judge during a hearing shall be unnecessary. 
It shall be sufficient that the party at the time any ruling is made or sought 
shall have made known to the judge the action he/she desires. 

sec.1.249. Motions for Postponement, Continuance,
Withdrawal, or Dismissal of Matters Before The Board. Motions for postponement, 
continuance, withdrawal, or dismissal of matters which have been duly set for 
hearing, shall be in writing, shall be filed with the judge and distributed to 
all interested parties, under a certificate of service, not less than five days 
prior to the designated date that the matter is to be heard. Such motion shall 
set forth, under oath, the specific grounds upon which the moving party seeks 
such action and shall make reference to all prior motions of the same nature 
filed in the same proceeding. Failure to comply with the above, except for good 
cause shown, may be construed as lack of diligence on the part of the moving 
party, and at the discretion of the judge, may result in the dismissal of the 
matter in issue, with prejudice to refiling. Depending on the circumstances, 
motions for withdrawal or dismissal may be ruled on by the judge or, at his/her 
discretion, by the Board. 

sec.1.250. Place and Nature of Hearings.
All hearings conducted in any proceeding shall be open to the public. All 
hearings shall be held in Austin, Texas, unless for good and sufficient cause 
the Board or the State Office of Administrative Hearings shall designate another 
place of hearing in accordance with applicable law. 

sec.1.251.Administrative Law Judge.
(a) The judge shall have the authority and duty to: 
(1) conduct a full, fair, and impartial hearing; 
(2) take action to avoid unnecessary delay in the disposition of the proceeding; 
and 
(3) maintain order. 
(b) The judge shall have the power to regulate the course of the hearing and the 
conduct of the parties and authorized representative, including the power to: 
(1) administer oaths; 
(2) take testimony; 
(3) rule on questions of evidence; 
(4) rule on discovery issues; 
(5) issue orders relating to hearing and prehearing matters, including orders 
imposing sanctions that the Board may impose; 
(6) admit or deny party status; 
(7) limit irrelevant, immaterial, and unduly repetitious testimony and 
reasonably limit the time for presentations; 
(8) grant a continuance; 
(9) request parties to submit legal memoranda, proposed findings of fact and 
conclusions of law; and 
(10) issue proposals for decision pursuant to the Administrative Procedure Act. 
(c) A judge shall disqualify himself/herself or shall recuse himself/herself on 
the same grounds and under the same circumstances as specified in Texas Rules of 
Civil Procedure, Rule 18b. 
(d) A substitute judge may use the existing record and need not repeat previous 
proceedings, but may conduct further proceedings as are necessary and proper to 
conclude the hearing and render a proposal for decision.

sec.1.252. Order of Proceedings.
(a) A case shall be called to order by the judge. 
(b) The judge shall explain briefly the purpose and nature of the hearing. 
(c) The judge may allow the parties to present preliminary matters. 
(d) The judge shall state the order of presentation of evidence.
(e) Witnesses shall be sworn or put under affirmation to tell the truth. 

sec.1.253. Reporters and Transcript.
(a) The proceedings, or any part of them, must be transcribed on written request 
of any party. Such written request must be received by the State Office of 
Administrative Hearings (SOAH) not less than ten calendar days before the 
scheduled date of the hearing. The cost of the original transcript shall be 
assessed one-half to the party requesting the transcription, the remaining one-
half to the other parties equally. The original transcript shall be delivered to 
the SOAH. The cost of copies of the transcript will be paid by the requesting 
party. 
(b) Suggested corrections to the transcript of the record may be offered within 
ten days after the transcript is filed in the proceeding, unless the SOAH shall 
permit suggested corrections to be offered thereafter. Suggested corrections 
shall be served in writing upon each party of record, the official reporter, and 
the SOAH. If suggested corrections are not objected to, the judge will direct 
the corrections to be made and the manner of making them. In case the parties 
disagree on suggested corrections, they may be heard by the judge, who shall 
then determine the manner in which the record shall be changed, if at all. 

sec.1.254. Telephone Hearings.
(a) The judge may, with consent of the parties, conduct all or part of the 
hearing by telephone, video, or other electronic means, if each participant in 
the hearing has an opportunity to participate in, hear, and, except when a 
telephone is used, see the entire proceeding. 
(b) All substantive and procedural rights apply to telephone hearings, subject 
only to the limitations of the physical arrangement. 
(c) Documentary evidence. For a telephone hearing, documentary evidence to be 
offered shall be mailed by the proponent to all parties and the office at least 
five days before the hearing. 
(d) Default. For a telephone hearing, the following may be considered a failure 
to appear and grounds for default, if the conditions exist for more than ten 
minutes after the scheduled time for hearing: 
(1) failure to answer the telephone; or 
(2) failure to free the telephone for a hearing; or 
(3) failure to be ready to proceed with the hearing as scheduled. 

sec.1.255. Dismissal, Settlement without Hearing. 
(a) The State Office of Administrative Hearings may entertain motions for 
dismissal without a hearing for the following reasons: failure to prosecute; 
unnecessary duplication of proceedings or res judicata; withdrawal; moot 
questions or stale petitions; or lack of jurisdiction. 
(b) Upon request of any party and approval by the judge, or in the judge's 
discretion, a conference may be held to address settlement possibilities. 
Settlement discussions shall not be made a part of the case record. 

sec.1.256. Rules of Evidence.
(a) The judge may limit testimony or any evidence which is irrelevant, 
immaterial, or unduly repetitious. In accordance with the Administrative 
Procedure Act, the rules of evidence as applied in non-jury civil cases in the 
district courts of this state shall be followed. When necessary to ascertain 
facts not reasonably susceptible of proof under those rules, evidence not 
admissible thereunder may be admitted, except where precluded by statute, if it 
is of a type commonly relied upon by reasonably prudent persons in the conduct 
of their affairs. The judge shall give effect to the rules of privilege 
recognized by law. Objections to evidentiary offers may be made and shall be 
noted in the record. Subject to these requirements, if a hearing will be 
expedited and the interest of the parties will not be prejudiced substantially, 
any part of the evidence may be received in written form.
(b) Exclusion of witnesses. 
(1) Upon request by any party, the judge shall exclude witnesses other than 
parties from the hearing room, except when testifying. 
(2) The judge may order the witness, parties, attorneys, and all other persons 
present in the hearing room not to disclose to any witness excluded under this 
subsection the nature, substance, or purpose of testimony, exhibits, or other 
evidence introduced during the witness' absence. 
(3) A party that is not a natural person may designate an individual to remain 
in the hearing room, even though the individual may be a witness.

sec.1.257. Documentary Evidence.
Documentary evidence may be received in the form of copies or excerpts, if the 
original is not readily available. On request, parties shall be given an 
opportunity to compare the copy with the original. When numerous documents are 
offered, the judge may limit those admitted to a number which are typical and 
representative, and may, at his/her discretion, require the abstracting of the 
relevant data from the documents and the presentation of the abstracts in the 
form of an exhibit; provided, however, that before making such requirement, the 
judge shall require that all parties of record or their representative be given 
the right to examine the documents from which such abstracts were made.

sec.1.258. Official Notice.
(a) The judge may take official notice of a fact that is judicially noticeable 
in accordance with the Administrative Procedure Act. 
(b) In addition, notice may be taken of generally recognized facts within the 
area of the Board's specialized knowledge. Parties shall be notified either 
before or during the hearing, or by reference in preliminary reports or 
otherwise, of the material officially noticed, including any staff memoranda or 
data, and they shall be afforded an opportunity to contest the material so 
noticed. The special skills or knowledge of the Board and its staff may be 
utilized in evaluating the evidence.

sec.1.259. Prepared or Prefiled Testimony.
In all contested proceedings and after service of copies upon all parties of 
record at such time as may be designated by the judge, the prepared, written 
testimony of a witness upon direct examination, either in narrative or question 
and answer form, may be incorporated in the record as if read or received as an 
exhibit, upon the witness' being sworn and identifying the same. Such witness 
shall be subject to cross-examination and the prepared testimony shall be 
subject to a motion to strike in whole or in part.

sec.1.260. Limitations on Number of Witnesses.
The judge shall have the right in any proceeding to limit the number of 
witnesses whose testimony is merely cumulative.

sec.1.261. Exhibits.
Exhibits of documentary character shall be of such size as described in 
sec.1.241 of this title (relating to Form and Content of Pleadings), as not 
unduly to encumber the files and records of the Board. There shall be a brief 
statement on the first sheet of the exhibit of what the exhibit purports to 
show. Exhibits shall be limited to facts material and relevant to the issues 
involved in a particular proceeding. 
(1) Tender and service. The original of each exhibit offered shall be tendered 
to the reporter for identification; one copy shall be furnished to the judge, 
and one copy to each other party of record or his/her attorney or 
representative. 
(2) Excluded exhibits. In the event an exhibit has been identified, objected to, 
and excluded, the judge shall determine whether or not the party offering the 
exhibit withdraws the offer, and if so, permit the return of the exhibit to 
him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit 
number for identification, shall be endorsed by the judge with his/her ruling, 
and shall be included in the record for the purpose only of preserving the 
exception. 
(3) After hearing. Unless specifically directed by the judge, no exhibit will be 
permitted to be filed in any proceeding after the conclusion of the hearing. In 
the event the judge allows an exhibit to be filed after the conclusion of the 
hearing, copies of the late-filed exhibit shall be served on all parties of 
record. 

sec.1.262. Offer of Proof.
When testimony is excluded by ruling of the judge, the party offering such 
evidence shall be permitted to make an offer of proof by dictating or submitting 
in writing the substance of the proposed testimony, prior to the conclusion of 
the hearing, and such offer of proof shall be sufficient to preserve the point 
for the record. The judge may ask such questions of the witness as he/she deems 
necessary to satisfy himself/herself that the witness would testify as 
represented in the offer of proof. An alleged error in sustaining an objection 
to questions asked on cross-examination may be preserved without making an offer 
of proof. 

sec.1.263. Depositions.
The taking and use of depositions in any proceeding shall be governed by the 
Administrative Procedure Act.

sec.1.264. Subpoenas.
Under the Administrative Procedure Act, sec.2001.089, following written request 
by a party or on its own motion: 
(1) subpoenas for the attendance of a witness from any place in the State of 
Texas at a hearing in a proceeding may be issued by the Board, any member 
thereof, the Executive Director, or, during the course of a hearing, by the 
judge; 
(2) motions for subpoenas to compel the production of books, papers, accounts, 
or documents shall be addressed to the Board, shall be verified and shall 
specify as nearly as may be possible the books, papers, accounts, or documents 
desired and the material and relevant facts to be proved by them. If the matter 
sought is relevant, material, and necessary and will not result in harassment, 
imposition, or undue inconvenience or expense to the party to be required to 
produce the same, the board, any member thereof, or the judge may issue a 
subpoena compelling production of books, papers, accounts, or documents as 
deemed necessary; and 
(3) such subpoenas shall be issued only after a showing of good cause and 
deposit of sums sufficient to insure payment of expenses incident to the 
subpoenas. Service of subpoenas and payment of witness fees shall be made in the 
manner prescribed in the Administrative Procedure Act, except that the mileage 
and per diem fees for nonparty deponents and witnesses shall be in the amount by 
law for employees of the State of Texas for intrastate mileage and per diem.

sec.1.265. Proposals for Decision.
(a) The judge shall prepare a proposal for decision which shall contain: 
(1) findings of fact and conclusions of law, separately stated; and 
(2) if appropriate, a proposed order. 
(b) The judge may amend the proposal for decision pursuant to exceptions, briefs 
and replies to exceptions and briefs without the proposal for decision again 
being served on the parties. 
(c) The judge shall submit the proposal for decision to the Board with a copy to 
each party and his/her attorney of record. 
(d) Upon the expiration of the 20th day following the time provided for the 
filing of exceptions and briefs as described in sec.1.266 of this title 
(relating to Filing of Exceptions, Briefs, and Replies), the proposal for 
decision may be adopted by written order of the Board, unless exceptions and 
briefs shall have been filed in the manner required. 
(e) If deemed warranted, the judge may direct a party to draft and submit a 
proposal for decision which shall include proposed findings of fact and a 
concise and explicit statement of the underlying facts supporting such proposed 
findings developed from the record. 

sec.1.266. Filing of Exceptions, Briefs, and Replies. 
Any party of record may, within 20 days after the date of service of a proposal 
for decision, file exceptions and briefs to the proposal for decision, and 
replies to such exceptions and briefs may be filed within 15 days after the date 
for filing of such exceptions and briefs. A request for extension of time within 
which to file exceptions, briefs, or replies shall be filed with the Board's 
Executive Director and the judge, and a copy thereof shall be served on all 
other parties of record by the party making such request. The judge shall 
promptly notify the parties of his/her action upon the same and allow additional 
time only in extraordinary circumstances where the interests of justice so 
require.

sec.1.267. Form and Content of Briefs, Exceptions, and Replies.
Briefs, exceptions, and replies shall conform as nearly as may be possible to 
the size and form of pleadings as described in sec.1.241 of this title (relating 
to Form and Content of Pleadings). The points involved shall be concisely 
stated. The evidence in support of each point shall be abstracted or summarized 
and/or briefly stated in the form of proposed findings of fact. Complete 
citations to the page number of the record or exhibit referring to evidence 
shall be made. The specific purpose for which the evidence is relied upon shall 
be stated. The argument and authorities shall be organized and directed to each 
point properly proposed as a finding of fact in a concise and logical manner. 
Briefs shall contain a table of contents and authorities. Briefs, prior to the 
issuance of a proposal for decision, may be filed only when requested or 
permitted by the judge.

sec.1.268. Oral Argument.
Any party may request oral argument prior to the final determination of any 
proceeding, but oral argument shall be allowed only at the sound discretion of 
the Board. A request for oral argument shall be stated in a separate pleading 
filed with the Board. 

sec.1.269. Final Decisions and Orders.
All final decisions and orders of the Board shall be in writing and shall be 
signed by a majority of the Board members. A final decision shall include 
findings of fact and conclusions of law, separately stated. Parties shall be 
notified either personally or by mail of any decision or order. On written 
request, a copy of the decision or order shall be delivered or mailed to any 
party and to his/her attorney of record.

sec.1.270. Administrative Finality.
(a) A decision is final, in the absence of a timely motion for rehearing, and is 
final and appealable on the date of rendition of the order overruling the motion 
for rehearing, or on the date the motion is overruled by operation of law. If 
the Board includes a member who: 
(1) receives no salary for his/her work as a Board member; and 
(2) resides outside Travis County, the Board may rule on a motion for rehearing 
at a meeting or by mail, telephone, telegraph, or other suitable means of 
communication. 
(b) If the Board finds that an imminent peril to the public health, safety, or 
welfare requires immediate effect of a final decision or order in a contested 
case, it shall recite the finding in the decision or order as well as the fact 
that the decision or order is final and effective on the date rendered, in which 
event the decision or order is final and appealable on the date rendered and no 
motion for rehearing is required as a prerequisite for appeal.

sec.1.271. Motions for Rehearing.
Except as provided in sec.1.270 of this title (relating to Administrative 
Finality), a motion for rehearing is a prerequisite to an appeal. A motion for 
rehearing must be filed within 20 days after the date of rendition of a final 
decision or order. Replies to a motion for rehearing must be filed with the 
Board within 30 days after the date of rendition of the final decision or order, 
and Board action on the motion must be taken within 45 days after the date of 
rendition of the final decision or order. If Board action is not taken within 
the 45-day period, the motion for rehearing is overruled by operation of law 45 
days after the date of rendition of the final decision or order. The Board may 
by written order extend the period of time for filing the motions and replies 
and taking Board action, except that an extension may not extend the period for 
Board action beyond 90 days after the date of rendition of the final decision or 
order. In the event of an extension, the motion for rehearing is overruled by 
operation of law on the date fixed by the order, or in the absence of a fixed 
date, 90 days after the date of the final decision or order. The parties may by 
agreement, with the approval of the Board, provide for a modification of the 
times provided in this section. 

sec.1.272. Rendering of Final Decision or Order. 
The final decision or order must be rendered within 60 days after the date the 
hearing is finally closed. Because a contested case is heard by a judge with the 
State Office of Administrative Hearings other than a majority of the members of 
the Board, the Board may prescribe a longer period of time within which the 
final order or decision of the Board shall be issued, normally in keeping with 
the scheduled quarterly meetings of the Board. The extension, if so prescribed, 
shall be announced at the conclusion of the hearing by the judge after 
consultation with the Board's Executive Director. 

sec.1.273. Administrative Penalty Payment.
(a) Within the 30-day period following the day on which the administrative 
penalty order becomes final as provided by the Administrative Procedure Act 
(APA), the architect charged with the administrative penalty shall: 
(1) pay the administrative penalty in full; or 
(2) if the architect charged files a petition for judicial review contesting 
either the amount of the administrative penalty or any other part of the Board's 
decision or order: 
(A) forward the amount to the Board for placement in an escrow account; or 
(B) in lieu of payment into an escrow, post with the Board a supersedeas bond in 
a form approved by the Board for the amount of the administrative penalty, the 
bond to be effective until all judicial review of the order or decision is 
final. 
(b) In the event the architect does not appeal the Board's decision, if the 
architect is financially unable to either forward the amount of the 
administrative penalty for placement in an escrow account or post supersedeas 
bond for the amount of the administrative penalty, the architect may file an 
affidavit sworn by the architect charged, stating that he/she is financially 
unable to either forward the money or post supersedeas bond. Filing of this 
affidavit does not relieve the architect of the obligation to pay the fine, and 
may result in suspension or revocation of the architect's registration. 
(c) Failure to forward the money or to post the bond or to file an affidavit 
with the Board within the time provided in subsection (a) of this section 
results in a waiver of all legal rights to judicial review. Also, if the 
architect charged fails to pay the administrative penalty in full as provided in 
subsection (a) of this section, the Board may forward the matter to the Attorney 
General for enforcement. 
(d) If the administrative penalty is reduced or not assessed by the court, the 
Board shall remit to the architect charged the appropriate amount plus accrued 
interest if the penalty has been paid or shall execute a release of the bond if 
a supersedeas bond has been posted. The accrued interest on the amount remitted 
by the Board under this condition shall be paid at a rate equal to the rate 
charged on loans to depository institutions by the New York Federal Reserve Bank 
and shall be paid for the period beginning on the date the administrative 
penalty is paid to the Board and ending on the date the administrative penalty 
is remitted. 

sec.1.274. Judicial Review.
Any registrant whose certificate of registration has been suspended or revoked 
under the provisions of this subsection, who has exhausted administrative 
appeals, may file an action in a district court of Travis County for review of 
the evidence presented to the Board and its decision. The person must begin the 
judicial review by filing a petition with the court within 30 days after the 
Board's decision is final and appealable. 

sec.1.275. The Record.
(a) The record in a contested case shall include: 
(1) all pleadings, motions, and intermediate rulings; 
(2) evidence received or considered; 
(3) a statement of matters officially noticed; 
(4) questions and offers of proof, objections, and rulings on them; 
(5) proposed findings and exceptions; 
(6) any decision, opinion, or report by the judge presiding at the hearing; and 
(7) all staff memoranda or data submitted to or considered by the judge or 
members of the Board who are involved in making the decision.
(b) Findings of fact shall be based exclusively on the evidence presented and 
matters officially noticed.

sec.1.276. Complaints.
(a) No revocation or suspension of any certificate of registration is effective 
unless, prior to the institution of Board proceedings, the Board gives notice by 
personal service or by registered or certified mail to the registrant of facts 
or conduct alleged to warrant the intended action, and the registrant is given 
an opportunity to show compliance with all requirements of law for the retention 
of the certificate. 
(b) Rejection of an application for initial registration, based on prior 
criminal convictions, is not effective unless, prior to the institution of Board 
action, the Board gave notice by personal service or by registered or certified 
mail to the applicant of facts relative to his/her proposed ineligibility for 
registration under sec.1.150 of this title (relating to Criminal Convictions), 
and the applicant is given an opportunity to show compliance with all 
requirements of law for registration as an architect. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608652
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

CHAPTER 3.Landscape Architects
SUBCHAPTER B.Registration
22 TAC sec.3.23
The Texas Board of Architectural Examiners proposes an amendment to sec.3.23, 
concerning Forms and Instructions. The reason for this amendment is that 
applicants must request the Council of Landscape Architect Registration Boards 
(CLARB) to send completed transcripts to TBAE for evaluation to take the 
examination. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be a more efficiently run agency. There will be no 
effect on small business. There is no anticipated economic cost to persons who 
are required to comply with the rule as proposed.
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 under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed amendment does not affect any other statutes. 

sec.3.23. Forms and Instructions.
[(a)] Application forms and instructions will be furnished <nl>by the Council of 
Landscape Architect Registration Boards, 12700 Fair Lakes Circle, Suite 110, 
Fairfax, VA 22033. The applicant must request the Council of Landscape Architect 
Registration Boards to transmit completed applications with all required 
supporting documentation to the Board office.<ol> [upon request in writing, 
addressed to the Board offices.]
[(b) The forms required must be properly and completely executed and returned 
with the required fees, over the signature of the applicant.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608619
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

22 TAC sec.3.25
The Texas Board of Architectural Examiners proposes an amendment to sec.3.25, 
concerning Processing. The reason for this amendment is the Council of Landscape 
Architect Registration Boards (CLARB) is now compiling and forwarding complete 
applications to TBAE as opposed to TBAE receiving and compiling the required 
information. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be increased efficiency within the agency. There will 
be no effect on small business. There is no anticipated economic cost to persons 
who are required to comply with the rule as proposed.
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 under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
This proposed amendment does not affect any other statutes.

sec.3.25. Processing.
(a) (No change.) 
[(b) When received incomplete or without required fees, applications will be 
returned for completion and resubmittal.] 
<nl>(b)<ol>[(c)] The Board shall accept a postmark date as evidence of intent to 
submit an application by the deadline. Proprietary postage meter dates will not 
be accepted as evidence of intent to make timely submission if contradicted by 
postal service postmark dates.
<nl>(c)<ol>[(d)] When received complete and accompanied by required fees, 
applications will be entered into the Board records. Information submitted will 
be verified and evaluated, and subsequent submittals may be required of the 
applicant. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608618
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER C.Written Examinations
22 TAC sec.3.46
The Texas Board of Architectural Examiners proposes an amendment to sec.3.46, 
concerning Scoring. The reason for this amendment is to provide better 
organization within the rules. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be the elimination of confusion regarding 
organization within the rules. There will be no effect on small business. There 
is no anticipated economic cost to persons who are required to comply with the 
rule as proposed. 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 under the Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendment does not affect any other statutes. 

sec.3.46. Scoring.
(a) (No change.) 
(b) There will be no Board review of examination with candidates. Candidates 
must request review of their examination within 14 days of receipt of their exam 
results. Once they are notified by TBAE that their exam is available for review, 
the candidate must schedule and complete the review within 20 days. [Any exam 
review requested outside of these time frames will require an additional fee per 
charges imposed by CLARB.] 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608621
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER D.Certification and Annual Registration
22 TAC sec.3.69
The Texas Board of Architectural Examiners proposes an amendment to sec.3.69, 
concerning Reinstatement. The purpose of this amendment is to provide 
clarification of confusing terminology. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be less confusion regarding the reinstatement 
process. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed. 
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 under the Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed amendment does not affect any other statutes. 

sec.3.69. Reinstatement.
(a)-(b) (No change.) 
(c) A registrant whose [license] <nl>certificate of registration<ol> has been 
revoked for a period [greater than] <nl>of<ol> five years <nl>or greater<ol> 
immediately preceding reinstatement application shall: 
(d)-(e) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608624
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER E.Fees
22 TAC sec.3.89
The Texas Board of Architectural Examiners proposes new sec.3.89, concerning 
Examination Review Fee. The reason for this new rule is to recover costs 
incurred from preparation and time spent allowing candidates to review their 
exam. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. The effect on state government for the 
first five-year period the section will be in effect will be an increase in 
revenue as shown: 1997 - $360; 1998 - $306; 1999 - $252; 2000 - $198; and 2001 - 
$162. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be a more efficient agency where costs incurred are 
recovered. There will be no effect on small business. The anticipated economic 
cost to persons who are required to comply with the section as proposed would be 
an $18 fee for each exam review.
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 section is proposed under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new section does not affect any other statutes. 

sec.3.89. Examination Review Fee.
The Board has authority to charge an administrative fee for exam review(s). The 
fee is as prescribed by the Board and subject to change without notice. Any exam 
review requested outside the time frames specified in sec.3.46 of this title 
(relating to Scoring) will require an additional fee per charges imposed by 
CLARB. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608620
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER F.Architect's Seal
22 TAC sec.3.104
The Texas Board of Architectural Examiners proposes an amendment to sec.3.104, 
concerning Required Use. This amendment provides an alternative to sealing 
documents, taking into consideration the effects of new technology in 
businesses. The statement specified in the rule allows the recipient of the 
documents to identify the documents as a drawing by a landscape architect 
licensed by the TBAE. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be allowing for advanced technology while continuing 
to hold the landscape architects accountable for drawings leaving their office. 
There will be no effect on small business. There is no anticipated economic cost 
to persons who are required to comply with the rule as proposed.
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 under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed amendment does not affect any other statutes. 

sec.3.104. Required Use.
(a)-(b) (No change.) 
(c) The absence of a seal affixed to any contract documents or plans shall be 
considered a violation of these rules and regulations. <nl>However, if the 
client requests electronic drawing files that would be used as reference 
documents, the following statement shall be substituted for the seal: The record 
copy of this drawing is on file at the offices of (name of firm), (address of 
firm). This electronic document is released for the purposes of reference, 
coordination, and/or facility management under the authority of (name), 
(registration number) on (date). Any modification(s) to this drawing shall be in 
compliance with the Texas Board of Architectural Examiners rules.<ol> 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608616
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER G.Titles and Firms Names
22 TAC sec.sec.3.121-3.123
(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 to repeal sec.sec.3.121-
3.123, concerning Firm Names and Authority for Practice, due to the rewriting of 
Chapter G, Titles and Firm Names. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter G, Titles and Firm Names. There will 
be no effect on small business. There is no anticipated economic cost to persons 
who are required to comply with the rule as proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules.
The proposed repeals do not affect any other statutes. 
sec.3.121. Titles.
sec.3.122. Authority to Practice.
sec.3.123. Firm Names.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608630
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER G.Compliance and Enforcement
22 TAC sec.sec.3.121-3.125
The Texas Board of Architectural Examiners proposes new sec.sec.3.121-3.125, 
concerning compliance and enforcement. The rules are being proposed to rewrite 
and update the content of the rules in Subchapter G. Titles and Firm Names. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the section will be more effective enforcement and protection of the 
public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249c, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.3.121. General.
In carrying out its responsibilities to insure strict compliance with and 
enforcement of the Regulation of the Practice of Landscape Architecture (the 
Act), the Board will make inquiries into situations which allegedly violate or 
abridge the requirements of the Act and Board rules dealing with landscape 
architecture, and those representations which imply the legal capacity to offer 
or provide landscape architecture services to the public. Situations which are 
considered by the Board to pose or have caused serious harm to the public, or 
cannot be readily resolved through voluntary compliance, will be disposed of by 
administrative, civil, or criminal proceedings as authorized by law. 

sec.3.122. Effect of Legal Action on Application. 
(a) The application of a person against whom the Board has initiated legal 
action may be held at the Board's discretion, without approval, disapproval, or 
rejection until: 
(1) all legal proceedings have been terminated by a final judgment and the time 
for appeal has expired, or if an appeal is taken, such appeal has been 
terminated and the appellate court's mandate returned to the trial court; 
(2) the applicant is in full compliance with all orders and judgments of the 
court, all rules of the Board, and all provisions of the Act; and 
(3) such applicant has filed evidence satisfactory to the Board of such 
compliance. 
(b) When such compliance has been secured and evidence furnished, the Board 
shall complete the consideration of the application in the regular order of 
business. 

sec.3.123. Multiple Offices.
If a landscape architect or "landscape architectural" firm maintains offices in 
more than one locality, the following shall apply: 
(1) an office located in Texas having a person registered as a landscape 
architect in Texas employed in the firm can solicit and perform landscape 
architectural work. 
(2) an office located in Texas not having a person registered as a landscape 
architect in Texas employed in the firm shall not do "landscape architectural" 
work for the public of the State of Texas unless: 
(A) the "landscape architectural" work is done under the responsible charge of a 
landscape architect registered in Texas; and 
(B) the responsible landscape architect personally affixes his/her signature, 
Texas Landscape Architect's seal, and the date to all reports, plans and 
specifications, or other "landscape architectural" documents issued by the 
office, or as otherwise required by Subchapter F of this chapter (relating to 
Landscape Architect's Seal). 
(3) an office located in Texas not having a person registered as a landscape 
architect in Texas employed in the firm shall not do "landscape architectural" 
work for the public unless all negotiations with prospective clients, whether 
written or oral, clearly designate that a landscape architect registered in 
Texas will be in responsible charge of the work.

sec.3.124. Business Names.
(a) Individual registrants and properly constituted business entities are 
authorized by law to engage in the practice of landscape architecture; however, 
the Board does not certify or register "landscape architectural" firms, per se. 
In order for such businesses to acquire corporate "landscape architectural" 
status, via a No Objection letter issued by the Texas Board of Architectural 
Examiners, the business must supply the Board: 
(1) information on what services they intend to offer; 
(2) the names of the individuals employed by their business that are Texas 
registered landscape architects; and 
(3) Landscape Architect of Record affidavits, available at the Board office, 
signed by Texas registered landscape architects and notarized by a Notary 
Public. 
(b) Thus, that responsibility of this Board to protect the public interests from 
the irresponsible practice of "landscape architecture" is vested in the 
qualification and responsibility of landscape architects who are accountable 
individually. 

sec.3.125. Titles.
(a) Persons holding Certificates of Registration for "Landscape Architecture" 
issued by this Board are authorized to employ the title "landscape architect" 
and use the word "landscape architecture," or various constructions thereof, in 
describing or identifying services he/she solicits, offers, or executes. 
(b) No other person, firm, partnership, corporation, or groups of persons may 
employ the title "landscape architect" or constructions of the word "landscape 
architecture" to describe persons or services, nor do such unregistered 
individuals or groups have authority to solicit, offer, or execute "landscape 
architectural" services in this state. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608646
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER H.Rules of Conduct
22 TAC sec.sec.3.141-3.148
(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 to repeal sec.sec.3.141- 
3.148, concerning rules of conduct, due to the rewriting of Subchapter H, Rules 
of Conduct. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter H, Rules of Conduct. There will be no 
effect on small business. There is no anticipated economic cost to persons who 
are required to comply with the repeals as proposed. 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 repeals are proposed under the Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
The proposed repeals do not affect any other statutes. 

sec.3.141 Authority.
sec.3.142 Standards of Practice.
sec.3.143 Grounds for Discipline.
sec.3.144 Gross Negligence Defined.
sec.3.145 Incompetence Defined.
sec.3.146Misconduct Defined .
sec.3.147 Addiction/Habituation.
sec.3.148 Record of Conviction.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608633
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER H.Professional Conduct
22 TAC sec.sec.3.141-3.150
The Texas Board of Architectural Examiners proposes new sec.sec.3.141-3.150, 
concerning professional conduct. The rules are being proposed to replace the 
content of the rules in Subchapter H. Rules of Conduct. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections.
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249c, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.3.141. Authority.
(a) Authority for enforcement of the Regulation of the Practice of Landscape 
Architecture (the Act) is vested in the Board, with provisions for incurring 
expense reasonably necessary in that behalf. 
(b) The Board is charged with adoption of all reasonable and necessary rules and 
regulations which it may deem advisable and is empowered with authority to 
suspend or revoke certificates of registration for certain causes. 
(c) To establish certain standards of procedure and conduct for landscape 
architects in practice, this and all other sections of these rules should be 
studied carefully. 
(d) These rules of professional conduct and ethics are not intended to suggest 
or define standards of liability in civil actions against landscape architects 
involving their professional conduct. 

sec.3.142. Professional Responsibility.
The landscape architect shall not prepare, complete, revise, alter, sign, or 
seal any designs, plans, specifications, reports, analyses, or orders, or in any 
manner participate in any "landscape architectural" practice, judgment, or 
decisions which, when measured by generally accepted "landscape architectural" 
standards or procedures, is reasonably likely to result in any structure, 
building, work, or project endangering the property, lives, safety, health, or 
welfare of the general public.

sec.3.143. Independent Professional Judgment.
(a) Except with the consent of his/her client or employer after full disclosure, 
the landscape architect shall not accept employment when there is a reasonable 
probability that the exercise of his/her professional judgment, decisions, or 
practices on behalf of his/her client or employer may be affected by his/her own 
financial, business, property, or personal interests. 
(b) The landscape architect shall avoid all conflicts of interests with his/her 
client or employer, but when a conflict of interest is unavoidable, the 
landscape architect shall promptly inform his/her client or employer of any 
business association, interest, or circumstances which might tend to influence 
his/her professional judgments, decisions, or practices, or the quality of 
his/her services. 
(c) The landscape architect shall not accept compensation, material favors, or 
benefits of any substantial nature, financial or otherwise, from more than one 
party for services on the same project or assignment, or for services pertaining 
to the same project or assignment, unless the circumstances are fully disclosed 
to all interested parties. The phrase "benefits of any substantial nature" is 
defined to mean any act, article, money, or other material possession which is 
of such value or proportion that its acceptance creates a clandestine obligation 
on the part of the receiver or otherwise compromises his/her ability to exercise 
his/her own judgment, without regard to such benefit. 
(d) The landscape architect shall not solicit or accept, directly or indirectly, 
any financial or other valuable considerations, material favors, or benefits of 
any substantial nature from any supplier of materials or equipment for any 
project on which he/she is performing or has contracted to perform "landscape 
architectural" services. 
(e) The landscape architect shall not solicit or accept any gratuity, material 
favor or benefits of any substantial nature, directly or indirectly, from 
contractors, their agents, servants, or employees, or from any other party 
dealing with his/her client or employer in connection with any project on which 
he/she is performing or has contracted to perform "landscape architectural" 
services. 
(f) When in public service as a member or employee of any governmental body, 
agency, or department, the landscape architect shall not, directly or 
indirectly, use or make use of any property, facility, or service of such 
governmental body, agency, or department for the benefit of any private business 
or activity in which such landscape architect also may be engaged, unless prior, 
proper authority is obtained in writing. 
(g) When in private practice or employment the landscape architect shall not, 
directly or indirectly, make use of any property, facility, or service of 
his/her client or employer for the benefit of said landscape architect, unless 
prior, proper authority is obtained in writing. 
(h) The landscape architect shall submit to a client only that work (plans, 
specifications, reports, etc.) done by him/her or under his/her responsible 
supervision; however, a landscape architect, as a third party, may complete, 
correct, revise, or add to the work of another landscape architect when engaged 
to do so by a client, provided: 
(1) the client furnishes the documentation of such work submitted to him/her by 
the first landscape architect; 
(2) the first landscape architect is notified in writing by the second landscape 
architect of the engagement referred to in paragraph (1) of this subsection 
immediately upon acceptance of the engagement; and
(3) any work completed, corrected, revised, or added to shall have a seal 
affixed by and become the responsibility of the second landscape architect. 

sec.3.144. Action Shall be Competent.
(a) The landscape architect shall not accept any "landscape architectural" 
employment or undertake any "landscape architectural" assignment for which 
he/she is not qualified by education or experience to perform or carry out 
adequately and competently; providing and excepting, however, that a landscape 
architect may accept an assignment requiring education and experience outside 
his/her field of competence to the extent only that his/her personal "landscape 
architectural" services are restricted solely to those phases of the service or 
project in which he/she is qualified and competent, and that all other phases of 
such services or project shall be performed by legally qualified consultants, 
associates, or employees. 
(b) The landscape architect shall not affix his/her signature or seal to any 
"landscape architectural" plan or document dealing with subject matter on which 
he/she is not qualified by education or experience to form a dependable 
judgment. 
(c) The landscape architect shall not express a "landscape architectural" 
opinion before a court, administrative agency, or other government forum on any 
subject: 
(1) in which he/she is not qualified by education or experience; or 
(2) which is contrary to generally accepted scientific and landscape 
architectural principles without fully disclosing the basis and rationale for 
his/her conclusion. 
(d) The landscape architect must develop contract documents that provide against 
reasonable misunderstandings that could jeopardize the client and/or builder. 
(e) The landscape architect shall not fail to fully advise clients of the 
implications of results of decisions made by the landscape architect.

sec.3.145. Confidences and Private Information.
(a) The landscape architect shall reveal confidences and private information 
under the following circumstances: 
(1) when he/she has obtained the consent of the client(s) or employer(s) 
affected, but only after full disclosure to them; or 
(2) when required by law or court order; or 
(3) when necessary to establish legal proof of his/her relationship with a 
client or employer in a court action to recover salaries, fees, or other 
compensation due him/her as a result of his/her employment or association with 
such client or employer; or 
(4) when necessary to defend himself/herself or his/her employees or associates 
in a legal action alleging wrongful conduct. 
(b) Except as permitted by subsection (a) of this section, the landscape 
architect shall not knowingly: 
(1) reveal a confidence or private information regarding or in the possession of 
his/her client or employer; or 
(2) use a confidence or private information regarding or in the possession of 
his/her client or employer to the disadvantage of such client or employer; or 
(3) use a confidence or private information regarding or in the possession of 
his/her client or employer for the advantage of a third person, unless the 
client or employer consents after full disclosure.
(c) The landscape architect shall exercise reasonable care to prevent his/her 
employees and associates from the unauthorized disclosure or use of private 
information or confidences regarding or in the possession of a client or 
employer. 

sec.3.146. Professional Practice and Reputation. 
(a) The landscape architect shall not offer or promise to pay or deliver, 
directly or indirectly, any commission, political contribution, gift, favor, 
gratuity, benefit, or reward as an inducement to secure any
specific "landscape architectural" work or assignment; providing and excepting, 
however, that a landscape architect may pay a duly licensed employment agency 
its fee or commission for securing landscape architectural employment in a 
salaried position. This is not intended to prohibit landscape architects from 
volunteering their services to charity. 
(b) The landscape architect shall not solicit professional employment by 
advertising which is false, misleading, deceptive, or which does not clearly 
display the registrant's state registration number. 
(c) The landscape architect shall not make, publish, or cause to be made or 
published any representation or statement concerning his/her professional 
qualifications or those of his/her partners, associates, firm, or organization, 
either current or former, which is in any way misleading or tends to mislead the 
recipient thereof, or the public, concerning his/her "landscape architectural" 
education, experience, specializations, or other "landscape architectural" 
qualifications. 

sec.3.147. Addiction/Habituation.
If in the course of a disciplinary proceeding, it is found by the Board that 
addiction or habituation to alcohol or a controlled substance, as provided by 
Texas Civil Statutes, Article 4476-15, sec.1.02 (4) (Controlled Substance Act), 
contributed to a violation of the Act or rules of this Board, then the Board may 
condition its disposition of the disciplinary matter on the landscape 
architect's completion of a rehabilitation program approved by the Texas 
Commission on Alcohol and Drug Abuse at a facility also approved by the 
Commission. 

sec.3.148. Responsibility to the "Landscape Architectural" Profession.
(a) The landscape architect shall not: 
(1) circumvent or attempt to circumvent any provision of the Act or a general 
Board rule through the actions of another; 
(2) participate, directly or indirectly, in any plan, scheme, or arrangement 
attempting or having as its purpose the evasion of any provision of the Act or 
general Board rule; 
(3) fail to exercise reasonable care or diligence to prevent his/her partners, 
associates, and employees from engaging in conduct which, if done by him/her, 
would violate any provision of the Act or general Board rule; 
(4) violate any of the professional practice requirements of related state 
statutes and local codes and ordinances in providing "landscape architectural" 
services; 
(5) engage in any illegal conduct involving moral turpitude;
(6) engage in any conduct that discredits or tends to discredit the "landscape 
architectural" profession; 
(7) make, publish, or disseminate any statements, criticisms, or arrangements on 
"landscape architectural" matters connected with public policy which are 
inspired or paid for by an interested party or parties, unless he/she has 
prefaced such statement or comment by explicitly identifying himself/herself, 
disclosing the identities of the party or parties on whose behalf he/she is 
speaking and revealing the existence of any pecuniary interest he/she may have 
in such "landscape architectural" matter; 
(8) permit or allow his/her professional identification, seal, firm or business 
name, or his/her services to be used or made use of, directly or indirectly, or 
in any manner whatsoever, so as to make possible to create the opportunity for 
the unauthorized practice of landscape architecture by any person, firm, or 
corporation in this state; 
(9) perform any acts, allow any omissions, or make any assertions or 
representations in the practice of "landscape architecture" which are 
fraudulent, deceitful, or misleading, or which in any manner whatsoever tend to 
create a misleading impression; 
(10) associate with or permit or allow the use of his/her name, firm or business 
name or professional identification, or seal in connection with any business 
venture, project or enterprise which he/she knows or should have known, is 
engaged in professional practices which violate any provision of the Act or any 
Board rule; 
(11) maliciously injure or attempt to injure or damage the professional 
reputation of another by any means whatsoever; provided and except, however, 
that this shall not relieve any landscape architect of the obligation to expose 
any fraud, gross negligence, incompetence, misconduct, unethical or illegal 
conduct to the proper authorities or preclude a frank but private appraisal of 
landscape architects or other persons or firms when requested by a client or 
prospective employer; 
(12) aid or abet, directly or indirectly, any unregistered person in connection 
with the unauthorized practice of "landscape architecture," or any firm or 
corporation in the practice of "landscape architecture" unless carried on in 
accordance with the provisions of the Act; 
(13) directly or indirectly or in any manner whatsoever lend his/her 
registration, seal, or professional identification to any unregistered person or 
to any firm or corporation carrying on the practice of "landscape architecture" 
contrary to the provisions of the Act; or 
(14) on his/her own authority as an employee of the State of Texas or any of its 
political subdivisions authorize or create any situation contrary to the 
requirements of the Act. 
(b) The landscape architect possessing knowledge of an applicant's 
qualifications for registration shall cooperate with the Board by responding in 
writing to the Board with those qualifications when requested to do so by the 
applicant or the Board. 
(c) The landscape architect shall be personally and professionally responsible 
and accountable for the care, custody, control, and use of his/her landscape 
architect's seal, his/her professional signature, and identification. The 
landscape architect whose seal has been lost, misplaced, or stolen, shall, upon 
discovery of its loss, report same immediately to the Board, which may
invalidate the stolen registration number of said seal, if it deems this 
necessary, and issue another registration number to said landscape architect.

sec.3.149. Prevention of Unauthorized Practice.
(a) The landscape architect shall not practice or offer to practice "landscape 
architecture" in any governmental jurisdiction in which to do so would be in 
violation of the laws regulating the practice of "landscape architecture" in 
that jurisdiction. 
(b) The revocation, suspension, or denial of a registration to practice 
landscape architecture in another jurisdiction, for reasons or causes which the 
Board finds would constitute a violation of the Texas Act or any rule, 
regulation, or code promulgated by the Board, shall be sufficient cause for the 
denial, suspension, or revocation of a registration to practice "landscape 
architecture" in the State of Texas.

sec.3.150. Criminal Convictions.
(a) In consideration of Texas Civil Statutes, Articles 6252-13c and 13d, the 
following will apply in the processing of an application for registration or 
renewal as a landscape architect. 
(1) The applicant will be required to state, as part of a sworn affidavit, 
whether he/she has ever been convicted of a felony or misdemeanor.
(2) Applicants with prior convictions will be required to provide a summary of 
the conviction in sufficient detail to allow the Board to determine if it is 
applicable to the application for registration.
(3) If the Board determines the conviction is applicable to the application, the 
Board staff will obtain sufficient details of the conviction to allow the Board 
to determine the effect of the conviction on the applicant's eligibility for 
registration. 
(b) In determining whether a criminal conviction is applicable to an applicant's 
application, the Board will consider the following: 
(1) the nature and seriousness of the crime; 
(2) the relationship of the crime to the purposes for requiring a registration 
to practice "landscape architecture"; 
(3) the extent to which a registration might offer an opportunity to engage in 
further criminal activity of the same type as that which the applicant had been 
previously involved; and 
(4) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of a landscape 
architect. 
(c) In addition to the factors that may be considered under subsection (b) of 
this section, the Board shall consider the following: 
(1) extent and nature of the applicant's past criminal activity;
(2) the age of the applicant at the time the crime was committed, and the amount 
of time that has elapsed since the applicant's last criminal activity; 
(3) the conduct and work activity of the applicant prior to and following the 
criminal activity; 
(4) evidence of the applicant's rehabilitation; and 
(5) other evidence of the applicant's fitness to practice as a landscape 
architect. 
(d) Crimes relating to the practice of "landscape architecture" include, but are 
not limited to, the following: 
(1) criminal negligence; 
(2) soliciting, offering, giving or receiving any form of bribe; 
(3) the unauthorized use of property, funds or proprietary information belonging 
to another; 
(4) acts relating to the acquisition, use, or dissemination of confidential 
information related to "landscape architecture"; and 
(5) any violation as an individual or as a consenting party of any provision of 
the Act (Texas Civil Statutes, Article 249c). 
(e) The application of any applicant deemed ineligible for registration because 
of a prior criminal conviction will be proposed for rejection and the applicant 
will be provided the following information in writing: 
(1) the reason for rejecting the application; 
(2) notice of the administrative procedure used to conduct an informal 
conference to show compliance with all requirements of law for registration as a 
landscape architect, as provided by sec.3.275 of this title (relating to 
Complaints), and similar to the proceedings established for registrants under 
sec.3.161 of this title (relating to Disciplinary Actions); and 
(3) notice that upon exhaustion of the administrative appeal, an action may be 
filed in a district court of Travis County for review of the evidence presented 
to the Board and its decision. The person must begin the judicial review by 
filing a petition with the court within 30 days after the Board's decision is 
final and appealable. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608649
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER I.Charges Against Landscape Architects; Action
22 TAC sec.sec.3.158-3.174
(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 or in the Texas 
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, 
Austin.)
The Texas Board of Architectural Examiners proposes to repeal sec.sec.3.158-
3.174, concerning charges Summons, due to the rewriting of Subchapter I. Charges 
Against Landscape Architects; Action. Cathy L. Hendricks, Executive Director, 
Texas Board of Architectural Examiners, has determined that for each year of the 
first five years the repeals as proposed are in effect, there will be no fiscal 
implications as a result of enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter I. Charges Against Landscape 
Architects; Action. There will be no effect on small business. There is no 
anticipated economic cost to persons who are required to comply with the repeals 
as proposed.
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 repeals are proposed under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals do not affect any other statutes. 

sec.3.158. Disciplinary Action.
sec.3.159. Definition of Complaint.
sec.3.160. Records.
sec.3.161. Administrative Procedure Act.
sec.3.162. Informal Disposition.
sec.3.163. Notice of Hearing.
sec.3.164. Appeals from Board Orders.
sec.3.165. Witnesses.
sec.3.166. Notices.
sec.3.167. Official Record.
sec.3.168. Transcript.
sec.3.169. Findings.
sec.3.170. Correspondence.
sec.3.171. Disqualification of Board Members.
sec.3.172. Absence from a Hearing.
sec.3.173. Time Extensions.
sec.3.174. Summons.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608636
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

22 TAC sec.3.161
The Texas Board of Architectural Examiners proposes new sec.3.161, concerning 
Disciplinary Actions. The rule is being proposed to replace the content of the 
rules in Subchapter I. Charges Against Landscape Architects; Action. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be more effective enforcement and protection of the 
public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed.
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 section is proposed under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new section does not affect any other statutes. 

sec.3.161. Disciplinary Actions.
(a) The Board may revoke Certificates of Registration for failure to register 
annually. Register annually is defined as: 
(1) completing the renewal form completely; and 
(2) remitting the correct amount of renewal fees as described in Subchapter E of 
this chapter (relating to Fees). A registrant who has failed to register 
annually and has not yet been revoked by Board action will be categorized as a 
delinquent registrant. 
(b) Under the authority and provisions of the Regulation of the Practice of 
Landscape Architecture (the Act), sec.8, the Board may take disciplinary action 
against a registrant who is found censurable for a violation of law, rules, or 
conduct. In such case, the Board may do any of the following: 
(1) revoke a certificate of registration; 
(2) suspend a certificate of registration; 
(3) probate a suspended registration; 
(4) issue a formal or informal reprimand: 
(A) a formal reprimand will take the form of a Board order;
(B) an informal reprimand may be no less than an oral or written admonishment 
from the Board. All actions of the Board are properly recorded and available 
upon request as public information. In addition, all actions enumerated in this 
subsection, except an informal reprimand, will be published in the Board 
newsletter and transmitted to the Council of Landscape Architectural 
Registration Boards. 
(c) Landscape Architects must comply with the Texas Accessibility Standards, 16 
Texas Administrative Code sec.68, per Texas Department of Licensing and 
Regulation. 
(d) An individual whose registration has expired for nonpayment of renewal fees 
is a delinquent registrant of the Board and is subject to all provisions of the 
Act and Board rules governing registrants until such time as registration is 
revoked by action of the Board. 
(e) In determining disciplinary actions to be taken by the Board, the 
requirements of Texas Civil Statutes, Article 6252-13c and 6252-13d, as set out 
in subsection (i) of this section, will be considered in addition to any 
provisions of the Act or Board rules. 
(f) In determining conduct in the practice of "landscape architecture" that 
warrants disciplinary action, the Board will consider, among other things, 
professional conduct and ethics and conviction of certain crimes as provided in 
Texas Civil Statutes, Articles 6252-13c and 6252-13d. 
(g) A registrant alleged to have violated the law, rules, or standards of 
conduct will be notified by personal service or by certified or registered mail 
of the facts or conduct alleged to be in violation and shall be afforded an 
opportunity to present arguments and evidence in his/her own behalf before a 
determination of censurable conduct is made by the Board, as provided in 
Subchapter J of this chapter (relating to Complaint Procedures).
(h) Where a violation appears evident, the Board will consider instituting 
disciplinary action by means of scheduling a public hearing in conformance with 
Subchapter K of this chapter (relating to Hearings-Contested Cases); however: 
(1) the registrant will first be advised of the right to voluntarily contact the 
Board within a specified time limit to schedule an informal conference normally 
at the Board office with an informal conference review committee for the purpose 
of showing there has been no violation as alleged. The committee will be 
composed of appropriate personnel. The registrant may employ an attorney to 
represent him. If the registrant desires a conference and the complaint cannot 
thereafter be dismissed on the evidence, an effort will be made to reach an 
informal settlement. This settlement will take the form of a proposed agreed 
Board order which will be presented to the Board for acceptance or rejection; 
(2) if facts and circumstances of a particular case appear to warrant 
disposition by offering the registrant a consent order, the Executive Director 
on the advice of the staff and legal counsel may approve of such offer in lieu 
of an informal conference. Any such consent order may be accepted or rejected by 
the Board. If the registrant declines such an offer, or if the Board rejects it, 
the procedures in paragraph (1) of this subsection will be followed; 
(3) if the registrant's registration has expired, the Board may propose not to 
renew the registration. If the registrant does not concur with this action and 
submits the required fee to effect an automatic renewal of his/her registration, 
the Board will renew the registration and instigate proceedings to suspend the 
registration or revoke the certificate of registration; or 
(4) any Board action under this subsection which is not informally disposed by 
stipulation, agreed settlement, consent order, or default will be treated as a 
contested case and disposed as provided by the Administrative Procedure Act 
(Texas Civil Statutes, Government Code, Title 10, Chapter 2001) and the Board 
rules for hearings and contested cases. 
(A) The Board shall hear such witnesses as are reasonably necessary to fairly 
present the relevant issues as set forth in the complaint, together with 
witnesses knowledgeable of material facts to the defense of the landscape 
architect. 
(B) Copies of the notices of formal hearings scheduled shall be filed with the 
Secretary of State and other appropriate agencies. 
(C) The Board shall keep an official record of all proceedings and exhibits. 
(D) The Board may cause a transcript of the proceedings to be made which, 
together with the evidence and exhibits submitted, shall be the record of the 
hearing. Such transcript may be made also on written request of either party of 
said charges, but at the expense of the demand party. A copy of such transcript, 
however caused to be made, shall be submitted to the Board and become part of 
the record of the case. 
(i) Criminal convictions shall be handled as follows: 
(1) Under the authority of Texas Civil Statutes, Article 6252-13c, sec.4e, and 
Article 249c, sec.4, the Board shall revoke the certificate of any registrant 
incarcerated as a result of conviction for a felony committed subsequent to 
being registered as a landscape architect. The certificate of registration of 
any registrant shall also be revoked for felony probation revocation, revocation 
of parole, or revocation of mandatory supervision subsequent to being registered 
as a landscape architect regardless of the date of the original conviction. 
(2) The Board may take any of the actions set out in subsection
(b) of this section when a registrant is convicted of a misdemeanor or a felony 
without incarceration if the crime directly relates to his/her duties and 
responsibilities as a landscape architect as set out in sec.3.150 of this title 
(Relating to Criminal Convictions). Full disclosure of information involving a 
misdemeanor or a felony is required at the time of the conviction.
(3) Any registrant whose certificate of registration has been revoked under the 
provisions of this subsection will be advised in writing of the right to apply 
for reinstatement of registration. 
(j) The facts and circumstances of each disciplinary case will be assessed by 
the following factors before any sanctions available to the Board are ordered. 
(1) The seriousness of the prohibited acts or omissions. 
(2) The number of prior complaints found justified against the respondent. 
(3) The severity of penalty necessary to deter future violations. 
(4) Efforts or resistance to correct the violations. 
(5) Any hazard to the health, safety or welfare of the public. 
(6) Any actual damage, physical or otherwise, caused by the violations. 
(7) Any economic benefit gained through the violations.
(8) Any other matters that justice and public welfare may require. 
(k) The following is a table of suggested sanctions for specific infractions of 
the law or rules: 
Figure: 22 TAC sec.3.161 (k) 
(l) Any felony conviction which includes incarceration will statutorily require 
the revocation of a certificate of registration, Article 6252-13c, Texas Civil 
Statutes. 
(m) The Board, the Executive Director, an administrative hearing judge, and the 
participants in an informal conference may arrive at a greater or lesser 
sanction than suggested in subsection (k) of this section based on the ultimate 
assessment of evidence or agreement in the expedience of justice. Conditions of 
a suspension, probation, or formal reprimand may be set by the Board in its 
final order. 
(n) A registrant whose registration is current or renewable under the Act, 
sec.7, is responsible to the Board and subject to all rules governing the acts 
of registrants. The registrant shall answer promptly all inquiries concerning 
matters under the jurisdiction of the Board, and shall fully comply with final 
decisions and orders of the Board. Failure to comply with these matters will 
constitute a separate offense of misconduct subject to any of the penalties 
provided under the Act, sec.8. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608657
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER J.Violations by Unregistered Persons
22 TAC sec.3.184-3.188
(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 to repeal sec.sec.3.184- 
3.188, concerning violations by unregistered persons, due to the rewriting of 
Subchapter J, Violations of Unregistered Persons. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals.
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter J. Violations by Unregistered 
Persons. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the repeals as 
proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249c, 
which provide the Texas Board of Architectural Examiners with authoriy to 
promulgate rules. 
The proposed repeals do not affect any other statutes. 

sec.3.184. Authority.
sec.3.185. Complaints; Alleged Violations.
sec.3.186. Investigation.
sec.3.187. Action.
sec.3.188. Records.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608639
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER J.Complaint Procedure
22 TAC sec.sec.3.191-3.193
The Texas Board of Architectural Examiners proposes new sec.sec.3.191-3.193, 
concerning complaint procedure. The rules are being proposed to replace the 
content of the rules in Subchapter J. Violations by Unregistered Persons. Cathy 
L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has 
determined that for each year of the first five years the sections as proposed 
are in effect, there will be no fiscal implications as a result of enforcing or 
administering the sections.
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249c, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.3.191. General.
(a) The Regulation of the Practice of Landscape Architecture (the Act), Article 
249c, Texas Civil Statutes., is specific in its provisions, authorizing the 
lawful practice of "landscape architecture." It is equally specific in charging 
the Texas Board of Architectural Examiners with responsibility for enforcement 
of the Act. The statute exempts certain persons from provisions of the Act, but 
otherwise, unregistered persons are liable for violations.
(1) The Board has authority to seek an injunction, a restraining order, and 
fines up to $200 per violation for persons using the title "landscape architect" 
and/or offering or performing "landscape architectural" services not under an 
exception as permitted under the Act. 
(2) Actions shall be pursued in a court of competent jurisdiction in the county 
of the residence of the defendant or the county where the violation occurred. 
(3) Each day of an offense is considered a separate violation.
(b) Complaints alleging violations of the Act or Board rules must be made in 
good faith and be accompanied by sufficient information or factual evidence for 
the Executive Director to establish probable cause. If the Executive Director 
does not find probable cause, he/she shall be authorized to dismiss the 
allegation without further action. The Board is not responsible for proving the 
basis of a complaint. 
(c) Complaints shall normally be submitted in writing along with copies or 
originals of all supporting evidence; however, the Executive Director may 
initiate an inquiry based on any information that will establish probable cause. 
(d) The Board will act only when the basis of the complaint would be a violation 
of the Act or Board rules if substantiated. 
(e) If a valid complaint, accompanied by sufficient information or factual 
evidence to establish probable cause, is filed with the Executive Director, the 
Board may proceed independent of any action by the complainant to enter into 
litigation with the defendant or to abandon the complaint.
(f) The Board may, upon request, keep the identity of the complainant 
confidential to the extent permitted by law. 
(g) The Board office shall maintain a separate file containing all information 
in connection with complaints, charges, hearings in connections with such 
charges, and the action of the Board in each case. 
(h) On each written complaint filed with the Board, a report to the complainant 
shall be made at least as frequently as quarterly on the status of the complaint 
until the final disposition of the complaint. 

sec.3.192. Complaints Against Nonregistrants.
(a) Complaints alleging violations of the Act or Board rules should be in 
writing and accompanied by sufficient information or factual evidence to 
establish probable cause. Complaints shall be submitted on forms provided by the 
Board or in a written form that will provide the same information as the 
official form. Complaints must be notarized. Information to be provided 
includes: 
(1) name of the alleged violator; 
(2) description of the alleged violation; 
(3) supporting information and factual evidence; 
(4) names, addresses and phone numbers of witnesses; and
(5) probable source of other pertinent information. 
(b) Upon determination that a violation of the Act or Board rules has occurred, 
the Board may take one or more of the following actions:
(1) enter into an agreement of voluntary compliance; or 
(2) file an injunctive suit to obtain compliance; or 
(3) file a criminal complaint with the appropriate prosecuting authority as 
provided by the Act, sec.9. 

sec.3.193. Complaints Against Registrants.
(a) The provisions of the Act and the provisions of the Administrative Procedure 
Act (APA) shall apply to the conduct of all investigations and administrative 
actions in the Board's handling of a complaint. In addition, the Board may 
promulgate other procedural rules not inconsistent with the Act or APA. 
(b) Complaints shall be submitted on forms provided by the Board or in a written 
form that will provide the same information as the official forms. Complaints 
must be notarized. Information to be provided includes: 
(1) name of the alleged violator; 
(2) description of the alleged violation; 
(3) supporting information and factual evidence; 
(4) names, addresses and phone numbers of witnesses; and
(5) probable source of other pertinent information. 
(c) Upon determination that a violation of the Act or Board rules has occurred, 
the Board will take one of the actions set out in the Act, sec.8. In addition, 
the Board may take injunctive or criminal action if deemed appropriate, as set 
out in sec.9.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608654
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER K.Hearings-Contested Cases
22 TAC sec.sec.3.231-3.275
The Texas Board of Architectural Examiners proposes new rules sec.sec.3.231-
3.275. Complaints concerning hearings contested cases. The following rules 
reflect changes necessary to comply with Texas Civil Statutes, Annotated., 
Government Code, Title 10, Chapter 2003, relating to State Office of 
Administrative Hearings (SOAH). 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the section will be to provide notice of the procedure in contested 
cases. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249c, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The new sections do not affect any other statutes. 

sec.3.231.State Office of Administrative Hearings. 
(a) Formal contested case hearings will be conducted for the Board by the State 
Office of Administrative Hearings (SOAH), as authorized by Texas Civil Statutes, 
Article 6252-13f. Hearings will be conducted in accordance with the 
Administrative Procedure Act, the rules and regulations of the SOAH, and the 
Regulation of the Practice of Landscape Architecture (the Act) and the Texas 
Board of Architectural Examiners Rules and Regulations.
(b) An administrative law judge (judge) assigned to the SOAH will perform the 
duties and responsibilities as described in sec.sec.3.231-3.275 of this title 
(relating to Hearings - Contested Cases). 
(c) The judge shall consider any applicable Board rules and policies in 
conducting the hearing. If there is any conflict between the rules of the SOAH 
and these Board rules, these rules will control unless otherwise specifically 
stated in the SOAH rules. This subsection does not apply if the rules of the 
Board are contrary to or are otherwise precluded by statutory or other 
controlling law, including Texas Civil Statutes, Article 6252-13f. 

sec.3.232.Board Responsibilities.
The Board will conduct sufficient investigation of complaint matters within its 
jurisdiction and attempt to resolve cases through authorized informal 
dispositions. However, when agreements are not reached or approved, the Board 
must refer contested cases to the State Office of Administrative Hearings for 
formal hearings. The Board shall not attempt to influence the findings of facts 
or the judge's application of the law in any contested case other than by proper 
evidence and legal argument. The Board may, however, change a finding of fact or 
conclusion of law made by the judge, or vacate or modify an order issued by the 
judge, only for reasons of policy and must state in writing the reason and legal 
basis for the change. If a member of the Board finds that he/she should not act 
on any charge before the Board, he/she may disqualify himself/herself from 
acting in the proceedings.

sec.3.233.Jurisdiction; Request for Hearings or Law Judge.
(a) The State Office of Administrative Hearings (SOAH) acquires jurisdiction 
over a case when the Board files a written request for setting of hearing form 
or request for assignment of an administrative law judge form. A request for 
setting of hearing or for assignment of an administrative law judge shall be 
considered filed on the date the request form is received by the SOAH. 
(b) The Board shall submit to the SOAH one of the following accompanied by 
copies of all pertinent documents (including but not limited to the complaint, 
petition, application, or other document describing Board action giving rise to 
a contested case), along with a written statement of applicable rules and 
policies: request for setting of hearing; or, request for assignment of a judge. 
If the Board requests a setting for a hearing, the SOAH will provide the Board 
with the date, time, and place of such setting. If the Board requests an 
assignment of a judge, the SOAH will assign a judge to consider motions and 
other prehearing matters. After a cause has been set for hearing pursuant to a 
request for setting of hearing or has been assigned a judge pursuant to a proper 
request, any party may move for appropriate relief, including but not limited to 
discovery and evidentiary rulings, continuances, and settings, which will be 
ruled on by the SOAH.

sec.3.234.Filings.
(a) Originals or duplicates of originals of all notices, pleadings, motions, 
answers, affidavits, and all other filings in a contested case, made in 
accordance with the Administrative Procedure Act, the Texas Rules of Civil 
Evidence, or other applicable law, shall be filed with the State Office of 
Administrative Hearings (SOAH) at the time the SOAH acquires jurisdiction or at 
the time the instrument is issued and delivered if that time is later than the 
time the SOAH acquires jurisdiction. 
(b) Pursuant to the SOAH rules, a copy of all filings shall be sent by mail or 
otherwise delivered to all parties or their representative of record. 
(c) A certificate of service, signed by the person making the filing, showing 
the manner of service, stating that the filing has been served on all other 
parties and identifying those parties shall be contained in or attached to all 
filings. The certificate is prima facie evidence of service. The following form 
of certificate will be sufficient in this connection: I hereby certify that I 
have this _________ day of ______________, ______, served copies of the 
foregoing pleading, upon all other parties in this proceeding, by (here state 
the manner of service). (Signature.) 
(d) If a filing does not contain a required certificate of service, or otherwise 
show service on all other parties: 
(1) the SOAH may return the filing to the filing party; or
(2) the SOAH may send a notice to all parties stating that the filing does not 
show service on all parties and will not be considered unless and until the SOAH 
is notified that all parties have been served with the filing; or 
(3) the SOAH may, in the interest of economy of effort, send a copy of the 
filing to all parties. 
(e) In computing any period of time prescribed or allowed by Board rules, by 
order of the Board, or by any applicable statute, the period shall begin on the 
day after the act or event considered, and conclude on the last day of such 
computed period, unless it be a Saturday, Sunday, or a legal state holiday, in 
which event the period runs until the end of the next day which is not a 
Saturday, Sunday or a legal state holiday. 

sec.3.235.Stipulations; Agreements.
(a) The parties, by stipulation, may agree to any substantive or procedural 
matter. 
(b) A stipulation may be filed in writing or entered on the record at the 
hearing. 
(c) The judge may require additional development of stipulated matters. 
(d) No stipulation or agreement between the parties and their attorneys or 
representatives with regard to any matter involved in any proceeding before the 
Board or the State Office of Administrative Hearings shall be enforced unless it 
shall have been reduced to writing and signed by the parties or their authorized 
representatives, or unless it shall have been dictated into the record by them 
during the course of a hearing, or incorporated in an order bearing their 
written approval. This subsection does not limit a party's ability to waive, 
modify, or stipulate any right or privilege afforded by these sections, unless 
precluded by law.

sec.3.236.Service.
Unless otherwise required by law, service of the following documents shall be 
made by personal delivery to the party or to the party's representative by 
certified mail, return receipt requested, hand delivery or via facsimile to the 
party's address of record:
(1) notices of hearing; 
(2) default orders; 
(3) prehearing orders; 
(4) proposal for decisions; and 
(5) decisions and orders of the Board.

sec.3.237.Conduct and Decorum.
(a) Every party, witness, attorney, or other representative shall comport 
himself/herself in all proceedings with proper dignity, courtesy, and respect 
for the Board, the administrative law judge, and all other parties. Disorderly 
conduct will not be tolerated. Attorneys and other representatives of parties 
shall observe and practice the standards of ethical behavior prescribed for 
attorneys at law by the Texas State Bar. 
(b) Unless otherwise prohibited by federal or state law, all proceedings before 
the Board or conducted by the State Office of Administrative Hearings are open 
to the public. The judge may remove persons whose conduct impedes the orderly 
progress of the hearing and restrict attendance because of the physical 
limitations of the hearing facility.

sec.3.238.Classification of Parties.
Parties to proceedings before the Board and the State Office of Administrative 
Hearings are applicants, protestants, petitioners, complainants, respondents, 
and intervenors. Regardless of errors as to designations in their pleadings, the 
parties shall be accorded their true status in the proceeding.

sec.3.239.Appearances in Person or by Representative; Waivers; Defaults. 
(a) An individual may represent himself/herself. 
(b) A party may be represented by an attorney authorized to practice law in the 
State of Texas or other representative when authorized by law. 
(c) A party's representative shall enter his/her appearance with the State 
Office of Administrative Hearings (SOAH). 
(d) A party's representative of record shall be copied on all notices, 
pleadings, and other correspondence. 
(e) A party's attorney of record remains the attorney of record in the absence 
of a formal withdrawal and an order approving such withdrawal is issued by a 
judge. 
(f) A hearing before the judge is not necessary if all parties agree to the 
admission of the evidence and waive their right to appear. 
(g) A party may waive the right to appear at the hearing unless prohibited by 
law. 
(h) A waiver shall be in writing and filed with the SOAH. 
(i) If, after receiving notice of a hearing, a party fails to attend a hearing, 
the judge may proceed in that party's absence and, where appropriate, may issue 
a proposal for decision against the defaulting party. 
(j) A waiver may be withdrawn by a party on written notice received by the SOAH 
no later than seven (7) days before the scheduled hearing. The judge may permit 
withdrawal of a waiver subsequent to that time on a showing of good cause or in 
the interest of justice. When a waiver is permitted by law, failure of a party 
to appear personally or by representation after filing written notice of waiver, 
may not result in a finding of default.

sec.3.240.Classification of Pleadings.
Pleadings filed in contested cases shall be protests, petitions, complaints, 
answers, replies, motions for rehearing, and other motions. Regardless of any 
error in the designation of a pleading, it shall be accorded its true status in 
the proceeding in which it is filed.

sec.3.241.Form and Content of Pleadings.
(a) Pleadings shall be typewritten or printed upon paper eight and one-half (8-
1/2) inches wide and eleven (11) inches long with an inside margin at least one 
(1) inch wide, and exhibits annexed thereto shall be folded to the same size. 
Reproductions are acceptable, provided all copies are clear and permanently 
legible. 
(b) All pleadings for which no official form is prescribed shall contain: 
(1) the name of the party seeking to bring about or prevent action by the Board; 
(2) a concise statement of the facts relied upon by the pleader; 
(3) a prayer stating the type of relief, action, or order desired by the 
pleader; 
(4) any other matter required by statute; and 
(5) a certificate of service, as required by sec.3.234 of this title (relating 
to Filings). 
(c) Each application, petition, or complaint which is intended to institute a 
proceeding before the Board shall be accompanied by any filing fee prescribed by 
law and these sections.

sec.3.242.Discovery.
(a) Parties to an administrative hearing before the State Office of 
Administrative Hearings (SOAH) shall have the discovery rights provided in the 
Administrative Procedure Act, the Act and Board rules. 
(b) Requests for issuances of subpoenas or commissions should be directed to the 
Board. 
(c) All discovery requests should be initially directed to the party from which 
discovery is being sought. 
(d) All disputes with respect to any discovery matter shall be filed with and 
resolved by the SOAH. 
(e) All parties will be afforded a reasonable opportunity to file objections or 
move for a protective order with respect to the issuance of a subpoena or 
commission. 
(f) Copies of discovery requests and documents filed in response thereto shall 
be filed with all parties, but should not be filed with the SOAH unless directed 
by the judge or when in support of a motion to compel, motion for protective 
order, or motion to quash. 

sec.3.243.Motions; Amendments.
(a) Unless otherwise provided by these sections: 
(1) a party may move for appropriate relief before or during a hearing; 
(2) a party shall submit all motions in writing or orally at a hearing; 
(3) written motions shall: 
(A) be filed no later than fifteen (15) days before the date of the hearing, 
provided, for good cause stated in the motion, the judge may permit a written 
motion subsequent to the time; 
(B) state concisely the question to be determined; 
(C) be accompanied by any necessary supporting documentation, and if based on 
matters which do not appear of record, they shall be supported by affidavit; and 
(D) be served on each party; 
(4) an answer to a written motion shall be filed on the earlier of: 
(A) seven (7) days after receipt of the motion; or 
(B) on the date of the hearing; 
(5) on written notice to all parties or with telephone consent of all parties, 
the judge may schedule a conference to consider a written motion; or 
(6) the judge may reserve ruling on a motion until after the hearing; or 
(7) the judge may issue a written decision or state the decision on the record; 
or 
(8) if a ruling on a motion is reserved, the ruling shall be in writing and may 
be included in the judge's proposed decision; and 
(9) the filing or pendency of a motion does not alter or extend any time limit 
otherwise established by these rules. 
(b) Continuance may be granted by the State Office of Administrative Hearings in 
accordance with the Administrative Procedure Act, the Act and Board rules, and 
applicable case law. Motions for continuance shall be in writing or stated in 
record, and shall set forth the specific grounds upon which the party seeks the 
continuance. 
(c) Unless made during a prehearing or hearing, for all motions for continuance, 
cancellation of a scheduled proceeding or extension of an established deadline 
filed fewer than ten (10) days before the date or deadline in question, the 
movant must contact the other party(ies) and must indicate in the motion whether 
it is opposed by any party(ies). Further, if a continuance to a date certain is 
sought, the motion must include a proposed date or dates (preferably a range of 
dates) and must indicate whether the party(ies) contacted agree on the proposed 
new date(s). 
(d) Any pleading may be amended at any time up to seven (7) days prior to 
hearing and thereafter with approval of the judge; provided, that the complaint 
or petition upon which notice has been issued shall not be amended so as to 
broaden the scope.

sec.3.244.Prehearing Conferences and Orders. 
(a) When appropriate, the judge may hold a prehearing conference to resolve 
matters preliminary to the hearing. 
(b) A prehearing conference may be convened to address the following matters: 
(1) issuance of subpoenas; 
(2) factual and legal issues; 
(3) stipulations; 
(4) requests for official notice; 
(5) identification and exchange of documentary evidence;
(6) admissibility of evidence; 
(7) identification and qualification of witnesses; 
(8) motions; 
(9) discovery disputes; 
(10) order of presentation; 
(11) scheduling; 
(12) settlement conferences; and 
(13) such other matters as will promote the orderly and prompt conduct of the 
hearing. 
(c) Among other matters, as stated in subsection (b) of this section, an 
administrative law judge may order: 
(1) that the parties discuss the prospects of settlement or stipulations and be 
prepared to report thereon at the prehearing conference;
(2) that the parties file and be prepared to argue preliminary motions at the 
prehearing conference; 
(3) that the parties be prepared to specify the controlling factual and legal 
issues in the case at the prehearing conference; and 
(4) that the parties make a plain and concise statement of undisputed facts and 
issues at the prehearing conference. 
(d) At the discretion of the judge, all or part of the prehearing conference may 
be recorded or transcribed. 
(e) The judge may, after the office acquires jurisdiction, issue an order 
requiring a prehearing statement of the case. The parties shall, within fourteen 
(14) days of service, file a statement specifying the parties' present position 
on any or all of the following as required by the judge: 
(1) the disputed issues or matters to be resolved; 
(2) a brief statement of the facts or arguments supporting the party's position 
in each disputed issue or matter; 
(3) a list of facts or exhibits to which a party will stipulate; and 
(4) a description of the discovery, if any, the party intends to engage in and 
an estimate of the time needed to complete discovery. Parties shall supplement 
this statement on a timely basis. 
(f) The judge may issue a prehearing order reciting the actions taken or to be 
taken with regard to any matter addressed at the prehearing conference. The 
prehearing order shall be a part of the case record. If a prehearing conference 
is not held, the judge may issue a prehearing order to regulate the conduct of 
the proceedings.

sec.3.245.Notice of Hearing.
(a) The Board shall be responsible for providing notice to all parties as 
required under the Administrative Procedure Act, sec.2001.052, and other 
applicable law. 
(b) A judge may issue notice of date, time, and place for hearings. 

sec.3.246.Certificates of Registration.
When the grant, denial, renewal, revocation, probation, reprimand, or suspension 
of a certificate of registration is required by statute to be preceded by notice 
and opportunity for hearing, the provisions of these sections concerning 
contested cases apply.

sec.3.247.Conduct of Hearings.
(a) On a genuine issue in a contested case, each party is entitled to: 
(1) call witnesses; 
(2) offer evidence; 
(3) cross-examine any witness called by a party; and 
(4) make opening and closing statements. 
(b) Once the hearing is begun the parties may be off the record only when the 
judge permits. If the discussion off the record is pertinent, then the judge 
will summarize the discussion for the record. 
(c) Objections shall be timely noted in the record, according to the Texas Rules 
of Civil Evidence. 
(d) The judge may continue a hearing from time to time and from place to place. 
If the time and place for the proceeding to reconvene are not announced at the 
hearing, a notice shall be mailed stating the time and place of hearing. 
(e) The judge may question witnesses and/or direct the submission of 
supplemental data. 
(f) Unless precluded by law, informal disposition may be made of any contested 
case by stipulation, agreed settlement, consent order, or default. 

sec.3.248.Formal Exceptions.
Formal exceptions to rulings of the judge during a hearing shall be unnecessary. 
It shall be sufficient that the party at the time any ruling is made or sought 
shall have made known to the judge the action he/she desires.

sec.3.249.Motions for Postponement, Continuance, Withdrawal, or Dismissal of 
Matters Before The Board.
Motions for postponement, continuance, withdrawal, or dismissal of matters which 
have been duly set for hearing, shall be in writing, shall be filed with the 
judge and distributed to all interested parties, under a certificate of service, 
not less than five (5) days prior to the designated date that the matter is to 
be heard. Such motion shall set forth, under oath, the specific grounds upon 
which the moving party seeks such action and shall make reference to all prior 
motions of the same nature filed in the same proceeding. Failure to comply with 
the above, except for good cause shown, may be construed as lack of diligence on 
the part of the moving party, and at the discretion of the judge, may result in 
the dismissal of the matter in issue, with prejudice to refiling. Depending on 
the circumstances, motions for withdrawal or dismissal may be ruled on by the 
judge or, at his/her discretion, by the Board. 

sec.3.250.Place and Nature of Hearings. 
All hearings conducted in any proceeding shall be open to the public. All 
hearings shall be held in Austin, Texas, unless for good and sufficient cause 
the Board or the State Office of Administrative Hearings shall designate another 
place of hearing in accordance with applicable law.

sec.3.251.Administrative Law Judge. 
(a) The judge shall have the authority and duty to: 
(1) conduct a full, fair, and impartial hearing; 
(2) take action to avoid unnecessary delay in the disposition of the proceeding; 
and 
(3) maintain order. 
(b) The judge shall have the power to regulate the course of the hearing and the 
conduct of the parties and authorized representative, including the power to: 
(1) administer oaths; 
(2) take testimony; 
(3) rule on questions of evidence; 
(4) rule on discovery issues; 
(5) issue orders relating to hearing and prehearing matters, including orders 
imposing sanctions that the Board may impose; 
(6) admit or deny party status; 
(7) limit irrelevant, immaterial, and unduly repetitious testimony and 
reasonably limit the time for presentations; 
(8) grant a continuance; 
(9) request parties to submit legal memoranda, proposed findings of fact and 
conclusions of law; and 
(10) issue proposals for decision pursuant to the Administrative Procedure Act. 
(c) A judge shall disqualify himself/herself or shall recuse himself/herself on 
the same grounds and under the same circumstances as specified in Texas Rules of 
Civil Procedure, Rule 18b. 
(d) A substitute judge may use the existing record and need not repeat previous 
proceedings, but may conduct further proceedings as are necessary and proper to 
conclude the hearing and render a proposal for decision. 

sec.3.252.Order of Proceedings.
(a) A case shall be called to order by the judge. 
(b) The judge shall explain briefly the purpose and nature of the hearing. 
(c) The judge may allow the parties to present preliminary matters. 
(d) The judge shall state the order of presentation of evidence.
(e) Witnesses shall be sworn or put under affirmation to tell the truth. 

sec.3.253.Reporters and Transcript.
(a) The proceedings, or any part of them, must be transcribed on written request 
of any party. Such written request must be received by the State Office of 
Administrative Hearings (SOAH) not less than ten (10) calendar days before the 
scheduled date of the hearing. The cost of the original transcript shall be 
assessed one-half (1/2) to the party requesting the transcription, the remaining 
one-half (1/2) to the other parties equally. The original transcript shall be 
delivered to the SOAH. The cost of copies of the transcript will be paid by the 
requesting party. 
(b) Suggested corrections to the transcript of the record may be offered within 
ten days after the transcript is filed in the proceeding, unless the SOAH shall 
permit suggested corrections to be offered thereafter. Suggested corrections 
shall be served in writing upon each party of record, the official reporter, and 
the SOAH. If suggested corrections are not objected to, the judge will direct 
the corrections to be made and the manner of making them. In case the parties 
disagree on suggested corrections, they may be heard by the judge, who shall 
then determine the manner in which the record shall be changed, if at all.

sec.3.254.Telephone Hearings. 
(a) The judge may, with consent of the parties, conduct all or part of the 
hearing by telephone, video, or other electronic means, if each participant in 
the hearing has an opportunity to participate in, hear, and, except when a 
telephone is used, see the entire proceeding. 
(b) All substantive and procedural rights apply to telephone hearings, subject 
only to the limitations of the physical arrangement. 
(c) Documentary evidence. For a telephone hearing, documentary evidence to be 
offered shall be mailed by the proponent to all parties and the office at least 
five (5) days before the hearing. 
(d) Default. For a telephone hearing, the following may be considered a failure 
to appear and grounds for default, if the conditions exist for more than ten 
(10) minutes after the scheduled time for hearing:
(1) failure to answer the telephone; or 
(2) failure to free the telephone for a hearing; or 
(3) failure to be ready to proceed with the hearing as scheduled. 

sec.3.255.Dismissal, Settlement without Hearing.
(a) The State Office of Administrative Hearings may entertain motions for 
dismissal without a hearing for the following reasons: failure to prosecute; 
unnecessary duplication of proceedings or res judicata; withdrawal; moot 
questions or stale petitions; or lack of jurisdiction. 
(b) Upon request of any party and approval by the judge, or in the judge's 
discretion, a conference may be held to address settlement possibilities. 
Settlement discussions shall not be made a part of the case record.

sec.3.256.Rules of Evidence. 
(a) The judge may limit testimony or any evidence which is irrelevant, 
immaterial, or unduly repetitious. In accordance with the Administrative 
Procedure Act, the rules of evidence as applied in non-jury civil cases in the 
district courts of this state shall be followed. When necessary to ascertain 
facts not reasonably susceptible of proof under those rules, evidence not 
admissible thereunder may be admitted, except where precluded by statute, if it 
is of a type commonly relied upon by reasonably prudent persons in the conduct 
of their affairs. The judge shall give effect to the rules of privilege 
recognized by law. Objections to evidentiary offers may be made and shall be 
noted in the record. Subject to these requirements, if a hearing will be 
expedited and the interest of the parties will not be prejudiced substantially, 
any part of the evidence may be received in written form.
(b) Exclusion of witnesses. 
(1) Upon request by any party, the judge shall exclude witnesses other than 
parties from the hearing room, except when testifying. 
(2) The judge may order the witness, parties, attorneys, and all other persons 
present in the hearing room not to disclose to any witness excluded under this 
subsection the nature, substance, or purpose of testimony, exhibits, or other 
evidence introduced during the witness' absence. 
(3) A party that is not a natural person may designate an individual to remain 
in the hearing room, even though the individual may be a witness.

sec.3.257.Documentary Evidence.
Documentary evidence may be received in the form of copies or excerpts, if the 
original is not readily available. On request, parties shall be given an 
opportunity to compare the copy with the original. When numerous documents are 
offered, the judge may limit those admitted to a number which are typical and 
representative, and may, at his/her discretion, require the abstracting of the 
relevant data from the documents and the presentation of the abstracts in the 
form of an exhibit; provided, however, that before making such requirement, the 
judge shall require that all parties of record or their representative be given 
the right to examine the documents from which such abstracts were made.

sec.3.258.Official Notice.
(a) The judge may take official notice of a fact that is judicially noticeable 
in accordance with the Administrative Procedure Act. 
(b) In addition, notice may be taken of generally recognized facts within the 
area of the Board's specialized knowledge. Parties shall be notified either 
before or during the hearing, or by reference in preliminary reports or 
otherwise, of the material officially noticed, including any staff memoranda or 
data, and they shall be afforded an opportunity to contest the material so 
noticed. The special skills or knowledge of the Board and its staff may be 
utilized in evaluating the evidence.

sec.3.259.Prepared or Prefiled Testimony.
In all contested proceedings and after service of copies upon all parties of 
record at such time as may be designated by the judge, the prepared, written 
testimony of a witness upon direct examination, either in narrative or question 
and answer form, may be incorporated in the record as if read or received as an 
exhibit, upon the witness' being sworn and identifying the same. Such witness 
shall be subject to cross-examination and the prepared testimony shall be 
subject to a motion to strike in whole or in part.

sec.3.260.Limitations on Number of Witnesses.
The judge shall have the right in any proceeding to limit the number of 
witnesses whose testimony is merely cumulative.

sec.3.261.Exhibits.
Exhibits of documentary character shall be of such size as described in 
sec.3.241 of this title (relating to Form and Content of Pleadings), as not 
unduly to encumber the files and records of the Board. There shall be a brief 
statement on the first sheet of the exhibit of what the exhibit purports to 
show. Exhibits shall be limited to facts material and relevant to the issues 
involved in a particular proceeding.
(1) Tender and service. The original of each exhibit offered shall be tendered 
to the reporter for identification; one copy shall be furnished to the judge, 
and one copy to each other party of record or his/her attorney or 
representative. 
(2) Excluded exhibits. In the event an exhibit has been identified, objected to, 
and excluded, the judge shall determine whether or not the party offering the 
exhibit withdraws the offer, and if so, permit the return of the exhibit to 
him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit 
number for identification, shall be endorsed by the judge with his/her ruling, 
and shall be included in the record for the purpose only of preserving the 
exception. 
(3) After hearing. Unless specifically directed by the judge, no exhibit will be 
permitted to be filed in any proceeding after the conclusion of the hearing. In 
the event the judge allows an exhibit to be filed after the conclusion of the 
hearing, copies of the late-filed exhibit shall be served on all parties of 
record.

sec.3.262.Offer of Proof.
When testimony is excluded by ruling of the judge, the party offering such 
evidence shall be permitted to make an offer of proof by dictating or submitting 
in writing the substance of the proposed testimony, prior to the conclusion of 
the hearing, and such offer of proof shall be sufficient to preserve the point 
for the record. The judge may ask such questions of the witness as he/she deems 
necessary to satisfy himself/herself that the witness would testify as 
represented in the offer of proof. An alleged error in sustaining an objection 
to questions asked on cross-examination may be preserved without making an offer 
of proof.

sec.3.263.Depositions. 
The taking and use of depositions in any proceeding shall be governed by the 
Administrative Procedure Act.

sec.3.264.Subpoenas.
Under the Administrative Procedure Act, sec.2001.089, following written request 
by a party or on its own motion:
(1) subpoenas for the attendance of a witness from any place in the State of 
Texas at a hearing in a proceeding may be issued by the Board, any member 
thereof, the Executive Director, or, during the course of a hearing, by the 
judge; 
(2) motions for subpoenas to compel the production of books, papers, accounts, 
or documents shall be addressed to the Board, shall be verified and shall 
specify as nearly as may be possible the books, papers, accounts, or documents 
desired and the material and relevant facts to be proved by them. If the matter 
sought is relevant, material, and necessary and will not result in harassment, 
imposition, or undue inconvenience or expense to the party to be required to 
produce the same, the Board, any member thereof, or the judge may issue a 
subpoena compelling production of books, papers, accounts, or documents as 
deemed necessary; and 
(3) such subpoenas shall be issued only after a showing of good cause and 
deposit of sums sufficient to insure payment of expenses incident to the 
subpoenas. Service of subpoenas and payment of witness fees shall be made in the 
manner prescribed in the Administrative Procedure Act, except that the mileage 
and per diem fees for nonparty deponents and witnesses shall be in the amount by 
law for employees of the State of Texas for intrastate mileage and per diem. 

sec.3.265.Proposals for Decision. 
(a) The judge shall prepare a proposal for decision which shall contain: 
(1) findings of fact and conclusions of law, separately stated; and 
(2) if appropriate, a proposed order. 
(b) The judge may amend the proposal for decision pursuant to exceptions, briefs 
and replies to exceptions and briefs without the proposal for decision again 
being served on the parties. 
(c) The judge shall submit the proposal for decision to the Board with a copy to 
each party and his/her attorney of record. 
(d) Upon the expiration of the twentieth day following the time provided for the 
filing of exceptions and briefs as described in sec.3.266 of this title 
(relating to Filing of Exceptions, Briefs, and Replies), the proposal for 
decision may be adopted by written order of the Board, unless exceptions and 
briefs shall have been filed in the manner required. 
(e) If deemed warranted, the judge may direct a party to draft and submit a 
proposal for decision which shall include proposed findings of fact and a 
concise and explicit statement of the underlying facts supporting such proposed 
findings developed from the record.

sec.3.266.Filing of Exceptions, Briefs, and Replies. 
Any party of record may, within twenty days after the date of service of a 
proposal for decision, file exceptions and briefs to the proposal for decision, 
and replies to such exceptions and briefs may be filed within 15 days after the 
date for filing of such exceptions and briefs. A request for extension of time 
within which to file exceptions, briefs, or replies shall be filed with the 
Board's Executive Director and the judge, and a copy thereof shall be served on 
all other parties of record by the party making such request. The judge shall 
promptly notify the parties of his/her action upon the same and allow additional 
time only in extraordinary circumstances where the interests of justice so 
require.

sec.3.267.Form and Content of Briefs, Exceptions, and Replies. 
Briefs, exceptions, and replies shall conform as nearly as may be possible to 
the size and form of pleadings as described in sec.3.241 of this title (relating 
to Form and Content of Pleadings). The points involved shall be concisely 
stated. The evidence in support of each point shall be abstracted or summarized 
and/or briefly stated in the form of proposed findings of fact. Complete 
citations to the page number of the record or exhibit referring to evidence 
shall be made. The specific purpose for which the evidence is relied upon shall 
be stated. The argument and authorities shall be organized and directed to each 
point properly proposed as a finding of fact in a concise and logical manner. 
Briefs shall contain a table of contents and authorities. Briefs, prior to the 
issuance of a proposal for decision, may be filed only when requested or 
permitted by the judge.

sec.3.268.Oral Argument.
Any party may request oral argument prior to the final determination of any 
proceeding, but oral argument shall be allowed only at the sound discretion of 
the Board. A request for oral argument shall be stated in a separate pleading 
filed with the Board.

sec.3.269.Final Decisions and Orders.
All final decisions and orders of the Board shall be in writing and shall be 
signed by a majority of the Board members. A final decision shall include 
findings of fact and conclusions of law, separately stated. Parties shall be 
notified either personally or by mail of any decision or order. On written 
request, a copy of the decision or order shall be delivered or mailed to any 
party and to his/her attorney of record.

sec.3.270.Administrative Finality.
(a) A decision is final, in the absence of a timely motion for rehearing, and is 
final and appealable on the date of rendition of the order overruling the motion 
for rehearing, or on the date the motion is overruled by operation of law. If 
the Board includes a member who: 
(1) receives no salary for his/her work as a Board member; and 
(2) resides outside Travis County, the Board may rule on a motion for rehearing 
at a meeting or by mail, telephone, telegraph, or other suitable means of 
communication. 
(b) If the Board finds that an imminent peril to the public health, safety, or 
welfare requires immediate effect of a final decision or order in a contested 
case, it shall recite the finding in the decision or order as well as the fact 
that the decision or order is final and effective on the date rendered, in which 
event the decision or order is final and appealable on the date rendered and no 
motion for rehearing is required as a prerequisite for appeal.

sec.3.271.Motions for Rehearing.
Except as provided in sec.3.270 of this title (relating to Administrative 
Finality), a motion for rehearing is a prerequisite to an appeal. A motion for 
rehearing must be filed within 20 days after the date of rendition of a final 
decision or order. Replies to a motion for rehearing must be filed with the 
Board within 30 days after the date of rendition of the final decision or order, 
and Board action on the motion must be taken within 45 days after the date of 
rendition of the final decision or order. If Board action is not taken within 
the 45 day period, the motion for rehearing is overruled by operation of law 45 
days after the date of rendition of the final decision or order. The Board may 
by written order extend the period of time for filing the motions and replies 
and taking Board action, except that an extension may not extend the period for 
Board action beyond 90 days after the date of rendition of the final decision or 
order. In the event of an extension, the motion for rehearing is overruled by 
operation of law on the date fixed by the order, or in the absence of a fixed 
date, 90 days after the date of the final decision or order. The parties may by 
agreement, with the approval of the Board, provide for a modification of the 
times provided in this section. 

sec.3.272.Rendering of Final Decision or Order.
The final decision or order must be rendered within 60 days after the date the 
hearing is finally closed. Because a contested case is heard by a judge with the 
State Office of Administrative Hearings other than a majority of the members of 
the Board, the Board may prescribe a longer period of time within which the 
final order or decision of the Board shall be issued, normally in keeping with 
the scheduled quarterly meetings of the Board. The extension, if so prescribed, 
shall be announced at the conclusion of the hearing by the judge after 
consultation with the Board's Executive Director.

sec.3.273.Judicial Review.
Any registrant whose certificate of registration has been suspended or revoked 
under the provisions of this subsection, who has exhausted administrative 
appeals, may file an action in a district court for review of the evidence 
presented to the Board and its decision. The person must begin the judicial 
review by filing a petition with the court within 30 days after the Board's 
decision is final and appealable.

sec.3.274.The Record. 
(a) The record in a contested case shall include: 
(1) all pleadings, motions, and intermediate rulings; 
(2) evidence received or considered; 
(3) a statement of matters officially noticed; 
(4) questions and offers of proof, objections, and rulings on them; 
(5) proposed findings and exceptions; 
(6) any decision, opinion, or report by the judge presiding at the hearing; and 
(7) all staff memoranda or data submitted to or considered by the judge or 
members of the Board who are involved in making the decision.
(b) Findings of fact shall be based exclusively on the evidence presented and 
matters officially noticed.

sec.3.275.Complaints.
(a) No revocation or suspension of any certificate of registration is effective 
unless, prior to the institution of Board proceedings, the Board gives notice by 
personal service or by registered or certified mail to the registrant of facts 
or conduct alleged to warrant the intended action, and the registrant is given 
an opportunity to show compliance with all requirements of law for the retention 
of the certificate. 
(b) Rejection of an application for initial registration, based on prior 
criminal convictions, is not effective unless, prior to the institution of Board 
action, the Board gave notice by personal service or by registered or certified 
mail to the applicant of facts relative to his/her proposed ineligibility for 
registration under sec.3.150 of this title (relating to Criminal Convictions), 
and the applicant is given an opportunity to show compliance with all 
requirements of law for registration as a landscape architect.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608627
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

CHAPTER 5.Interior Designers
SUBCHAPTER D.Certification and Annual Registration
22 TAC sec.5.79
The Texas Board of Architectural Examiners proposes an amendment to sec.5.79, 
concerning Reinstatement. The purpose of this amendment is to provide 
clarification of confusing terminology. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be less confusion regarding the reinstatement 
process. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed.
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 under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed amendment does not affect any other statutes. 

sec.5.79. Reinstatement.
(a)-(b) (No change.) 
(c) A registrant whose [license] <nl>certificate of registration<ol> has been 
revoked for a period [greater than] <nl>of<ol> five years <nl>or greater<ol>
immediately preceding reinstatement application shall: 
(1)-(2) (No change.)
(d)-(e) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608623
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER E.Fees
22 TAC sec.5.93
The Texas Board of Architectural Examiners proposes an amendment to sec.5.93, 
concerning Application and Examination Fees. The reason for this amendment is to 
make initial registration fees uniform. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that there will be fiscal implications as a result of enforcing 
or administering the section. The effect on state government for the first five-
year period the section will be in effect will be an increase in revenue as 
shown: 1997-2000-$7,500 and 2001-$0.
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be increased revenue for the General Revenue Fund. 
There will be no effect on small business. The anticipated economic cost to 
persons who are required to comply with the rule as proposed would be a one time 
fee of $50 for registration without examination.
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 under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
This proposed amendment does not affect any other statutes. 

sec.5.93. Application<nl>, Examination <ol> and <nl>Initial Registration<ol> 
[Examination] Fees.
(a)-(b) (No change.) 
(c) An initial registration fee for registration by examination <nl>or for 
registration without examination<ol> will be charged as prescribed by the Board. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608622
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER F.Architect's Seal
22 TAC sec.5.113
The Texas Board of Architectural Examiners proposes an amendment to sec.5.113, 
concerning required Use. This amendment provides an alternative to sealing 
documents, taking into consideration the effects of new technology in 
businesses. The statement specified in the rules allows the recipient of the 
documents to identify the documents as a drawing by an interior designer 
licensed by the TBAE. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section.
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be allowing for advanced technology while continuing 
to hold the interior designers accountable for drawings leaving their office. 
There will be no effect on small business. There is no anticipated economic cost 
to persons who are required to comply with the rule as proposed. 
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 under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed amendment does not affect any other statutes. 

sec.5.113.<nl>Required Use<ol> [Use of Seal].
(a)-(c) (No change.) 
(d) Once documents bearing the interior designer's seal are issued from the 
interior designer's office, the seal shall not be removed. <nl>However, if the 
client requests electronic drawing files that would be used as reference 
documents, the following statement shall be substituted for the seal: The record 
copy of this drawing is on file at the offices of (name of firm), (address of 
firm). This electronic document is released for the purposes of reference, 
coordination, and/or facility management under the authority of name), 
(registration number) on (date). Any modification(s) to this drawing shall be in 
compliance with the Texas Board of Architectural Examiners rules.<ol> 
(e)-(j) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608615
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER G.Titles and Firm Names
22 TAC sec.5.131, sec.5.132
(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 to repeal sec.5.131 and 
sec.5.132, concerning titles and Authority to Practice, due to the rewriting of 
Subchapter G, Titles and Firm Names. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter G, Titles and Firm Names. There will 
be no effect on small business. There is no anticipated economic cost to persons 
who are required to comply with the repeals as proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals does not affect any other statutes. 

sec.5.131. Titles.
sec.5.132. Authority to Practice.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608631
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER G.Compliance and Enforcement
22 TAC sec.sec.5.131-5.135
The Texas Board of Architectural Examiners proposes new sec.sec.5.131-5.135, 
concerning compliance and enforcement. The rules are being proposed to rewrite 
and update the content of the rules in Subchapter G. Titles and Firm Names.
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249e, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.5.131. General.
In carrying out its responsibilities to insure strict compliance with and 
enforcement of the Regulation of the Practice of Interior Design (the Act), the 
Board will make inquiries into situations which allegedly violate or abridge the 
requirements of the Act and Board rules dealing with the practice of "interior 
design," and those representations which imply the legal capacity to offer or 
provide "interior design" services to the public. Situations which are 
considered by the Board to pose or have caused serious harm to the public, or 
cannot be readily resolved through voluntary compliance, will be disposed of by 
administrative, civil, or criminal proceedings as authorized by law. 

sec.5.132. Effect of Legal Action on Application. 
(a) The application of a person against whom the Board has initiated legal 
action may be held at the Board's discretion, without approval, disapproval, or 
rejection until: 
(1) all legal proceedings have been terminated by a final judgment and the time 
for appeal has expired, or if an appeal is taken, such appeal has been 
terminated and the appellate court's mandate returned to the trial court; 
(2) the applicant is in full compliance with all orders and judgments of the 
court, all rules of the Board, and all provisions of the Act; and 
(3) such applicant has filed evidence satisfactory to the Board of such 
compliance. 
(b) When such compliance has been secured and evidence furnished, the Board 
shall complete the consideration of the application in the regular order of 
business. 

sec.5.133. Multiple Offices.
If an interior designer or "interior design" firm maintains offices in more than 
one locality, the following shall apply: 
(1) an office located in Texas having a person registered as an interior 
designer in Texas employed in the firm can solicit and perform "interior design" 
work. 
(2) an office located in Texas not having a person registered as an interior 
designer in Texas employed in the firm shall not do "interior design" work for 
the public of the State of Texas unless: 
(A) the "interior design" work is done under the responsible charge of an 
interior designer registered in Texas; and 
(B) the responsible interior designer personally affixes his/her signature, 
Texas Interior Designer's seal, and the date to all reports, plans and 
specifications, or other "interior design" documents issued by the office, or as 
otherwise required by Subchapter F of this chapter (relating to Interior 
Designer's Seal). 
(3) an office located in Texas not having a person registered as an interior 
designer in Texas employed in the firm shall not do "interior design" work for 
the public unless all negotiations with prospective clients, whether written or 
oral, clearly designate that an interior designer registered in Texas will be in 
responsible charge of the work. 

sec.5.134. Business Names.
(a) Individual registrants and properly constituted business entities are 
authorized by law to engage in "interior design"; however, the Board does not 
certify or register "interior design" firms, per se. In order for such 
businesses to acquire corporate "interior design" status, via a No Objection 
letter issued by the Texas Board of Architectural Examiners, the business must 
supply the Board: 
(1) information on what services they intend to offer; 
(2) the names of the individuals employed by their business that are Texas 
registered interior designers; and 
(3) Interior Designer of Record affidavits, available at the Board office, 
signed by Texas registered interior designers and notarized by a Notary Public. 
(b) Thus, that responsibility of this Board to protect the public interests from 
the irresponsible practice of "interior design" is vested in the qualification 
and responsibility of interior designers who are accountable individually.

sec.5.135. Titles.
(a) Persons holding Certificates of Registration for "interior design" issued by 
this Board are authorized to employ the title "interior design" and use the 
words "interior design," or various constructions thereof, in describing or 
identifying services he/she solicits, offers, or executes.
(b) No other person, firm, partnership, corporation, or groups of persons may 
employ the title "interior design" or constructions of the words "interior 
design" to describe persons or services nor do such unregistered individuals or 
groups have authority to solicit, offer, or execute "interior design" services 
in this state. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608647
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER H.Rules of Conduct
22 TAC sec.sec.5.151-5.156
(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 to repeal sec.sec.5.151-
5.153, 5.155, and 5.156, concerning rules of conduct, due to the rewriting of 
Subchapter H, Rules of Conduct. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter H. Rules of Conduct. There will be no 
effect on small business. There is no anticipated economic cost to persons who 
are required to comply with the repeals as proposed. 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 repeals 
are proposed under the Texas Civil Statutes, Article 249e, which provide the 
Texas Board of Architectural Examiners with authority to promulgate rules. 
The proposed repeals do not affect any other statutes.

sec.5.151. Authority.
sec.5.152. Standards of Practice.
sec.5.153. Grounds for Discipline.
sec.5.155. Addiction/Habituation.
sec.5.156. Record of Conviction.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608634
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER H.Professional Conduct
22 TAC sec.sec.5.151-5.160
The Texas Board of Architectural Examiners proposes new sec.sec.5.151-5.160, 
concerning professional conduct. The rules are being proposed to replace the 
content of the rules in Subchapter H, Rules of Conduct. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections.
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed. 
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 sections are proposed under the Texas Civil Statutes, Article 
249e, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed new sections do not affect any other statutes. 

sec.5.151. Authority.
(a) Authority for enforcement of the Regulation of the Practice of Interior 
Design (the Act) is vested in the Board, with provisions for incurring "expense 
reasonably necessary in that behalf." 
(b) The Board is charged with adoption of all reasonable and necessary rules and 
regulations which it may deem advisable and is empowered with authority to 
suspend or revoke certificates of registration for certain causes. 
(c) To establish certain standards of procedure and conduct for interior 
designers in practice, this and all other sections of these rules should be 
studied carefully. 
(d) These rules of professional conduct and ethics are not intended to suggest 
or define standards of liability in civil actions against interior designers 
involving their professional conduct. 

sec.5.152. Professional Responsibility.
The interior designer shall not prepare, complete, revise, alter, sign, or seal 
any designs, plans, specifications, reports, analyses, or orders, or in any 
manner participate in any "interior design" practice, judgment, or decisions 
which, when measured by generally accepted "interior design" standards or 
procedures, is reasonably likely to result in any structure, building, work, or 
project endangering the property, lives, safety, health, or welfare of the 
general public.

sec.5.153. Independent Professional Judgment.
(a) Except with the consent of his/her client or employer after full disclosure, 
the interior designer shall not accept employment when there is a reasonable 
probability that the exercise of his/her professional judgment, decisions, or 
practices on behalf of his/her client or employer may be affected by his/her own 
financial, business, property, or personal interests. 
(b) The interior designer shall avoid all conflicts of interests with his/her 
client or employer, but when a conflict of interest is unavoidable, the interior 
designer shall promptly inform his/her client or employer of any business 
association, interest, or circumstances which might tend to influence his/her 
professional judgments, decisions, or practices, or the quality of his/her 
services. 
(c) The interior designer shall not accept compensation, material favors, or 
benefits of any substantial nature, financial or otherwise, from more than one 
party for services on the same project or assignment, or for services pertaining 
to the same project or assignment, unless the circumstances are fully disclosed 
to all interested parties. The phrase "benefits of any substantial nature" is 
defined to mean any act, article, money, or other material possession which is 
of such value or proportion that its acceptance creates a clandestine obligation 
on the part of the receiver or otherwise compromises his/her ability to exercise 
his/her own judgment, without regard to such benefit. 
(d) The interior designer shall not solicit or accept, directly or indirectly, 
any financial or other valuable considerations, material favors, or benefits of 
any substantial nature from any supplier of materials or equipment for any 
project on which he/she is performing or has contracted to perform "interior 
design" services. 
(e) The interior designer shall not solicit or accept any gratuity, material 
favor or benefits of any substantial nature, directly or indirectly, from 
contractors, their agents, servants, or employees, or from any other party 
dealing with his/her client or employer in connection with any project on which 
he/she is performing or has contracted to perform "interior design" services. 
(f) When in public service as a member or employee of any governmental body, 
agency, or department, the interior designer shall not, directly or indirectly, 
use or make use of any property, facility, or service of such governmental body, 
agency, or department for the benefit of any private business or activity in 
which such interior designer also may be engaged, unless prior, proper authority 
is obtained in writing. 
(g) When in private practice or employment the interior designer shall not, 
directly or indirectly, make use of any property, facility, or service of 
his/her client or employer for the benefit of said interior designer, unless 
prior, proper authority is obtained in writing. 
(h) The interior designer shall submit to a client only that work (plans, 
specifications, reports, etc.) done by him/her or under his/her responsible 
supervision; however, an interior designer, as a third party, may complete, 
correct, revise, or add to the work of another interior designer when engaged to 
do so by a client, provided: 
(1) the client furnishes the documentation of such work submitted to him/her by 
the first interior designer; 
(2) the first interior designer is notified in writing by the second interior 
designer of the engagement referred to in paragraph (1) of this subsection 
immediately upon acceptance of the engagement; and
(3) any work completed, corrected, revised, or added to shall have a seal 
affixed by and become the responsibility of the second interior designer.

sec.5.154. Action Shall be Competent.
(a) The interior designer shall not accept any "interior design" employment or 
undertake any "interior design" assignment for which he/she is not qualified by 
education or experience to perform or carry out adequately and competently; 
providing and excepting, however, that an interior designer may accept an 
assignment requiring education and experience outside his/her field of 
competence to the extent only that his/her personal "interior design" services 
are restricted solely to those phases of the service or project in which he/she 
is qualified and competent, and that all other phases of such services or 
project shall be performed by legally qualified consultants, associates, or 
employees. 
(b) The interior designer shall not affix his/her signature or seal to any 
"interior design" plan or document dealing with subject matter on which he/she 
is not qualified by education or experience to form a dependable judgment. 
(c) The interior designer shall not express an "interior design" opinion before 
a court, administrative agency, or other government forum on any subject: 
(1) in which he/she is not qualified by education or experience; or 
(2) which is contrary to generally accepted scientific and "interior design" 
principles without fully disclosing the basis and rationale for his/her 
conclusion. 
(d) The interior designer must develop contract documents that provide against 
reasonable misunderstandings that could jeopardize the client and/or builder. 
(e) The interior designer shall not fail to fully advise clients of the 
implications of results of decisions made by the interior designer. 

sec.5.155. Confidences and Private Information.
(a) The interior designer shall reveal confidences and private information under 
the following circumstances: 
(1) when he/she has obtained the consent of the client(s) or employer(s) 
affected, but only after full disclosure to them; or 
(2) when required by law or court order; or 
(3) when necessary to establish legal proof of his/her relationship with a 
client or employer in a court action to recover salaries, fees, or other 
compensation due him/her as a result of his/her employment or association with 
such client or employer; or 
(4) when necessary to defend himself/herself or his/her employees or associates 
in a legal action alleging wrongful conduct. 
(b) Except as permitted by subsection (a) of this section, the interior designer 
shall not knowingly: 
(1) reveal a confidence or private information regarding or in the possession of 
his/her client or employer; or 
(2) use a confidence or private information regarding or in the possession of 
his/her client or employer to the disadvantage of such client or employer; or 
(3) use a confidence or private information regarding or in the possession of 
his/her client or employer for the advantage of a third person, unless the 
client or employer consents after full disclosure.
(c) The interior designer shall exercise reasonable care to prevent his/her 
employees and associates from the unauthorized disclosure or use of private 
information or confidences regarding or in the possession of a client or 
employer.

sec.5.156. Professional Practice and Reputation. 
(a) The interior designer shall not offer or promise to pay or deliver, directly 
or indirectly, any commission, political contribution, gift, favor, gratuity, 
benefit, or reward as an inducement to secure any specific "interior design" 
work or assignment; providing and excepting, however, that an interior designer 
may pay a duly licensed employment agency its fee or commission for securing 
"interior design" employment in a salaried position. This is not intended to 
prohibit interior designers from volunteering their services to charity. 
(b) The interior designer shall not solicit professional employment by 
advertising which is false, misleading, deceptive, or which does not clearly 
display the registrant's state registration number. 
(c) The interior designer shall not make, publish, or cause to be made or 
published any representation or statement concerning his/her professional 
qualifications or those of his/her partners, associates, firm, or organization, 
either current or former, which is in any way misleading or tends to mislead the 
recipient thereof, or the public, concerning his/her "interior design" 
education, experience, specializations, or other "interior design" 
qualifications. 

sec.5.157. Addiction/Habituation.
If in the course of a disciplinary proceeding, it is found by the Board that 
addiction or habituation to alcohol or a controlled substance, as provided by 
Texas Civil Statutes, Article 4476-15, sec.1.02 (4) (Controlled Substance Act), 
contributed to a violation of the Act or rules of this Board, then the Board may 
condition its disposition of the disciplinary matter on the interior designer's 
completion of a rehabilitation program approved by the Texas Commission on 
Alcohol and Drug Abuse at a facility also approved by the Commission. 

sec.5.158. Responsibility to the "Interior Design" Profession.
(a) The interior designer shall not: 
(1) circumvent or attempt to circumvent any provision of the Act or a general 
Board rule through the actions of another; 
(2) participate, directly or indirectly, in any plan, scheme, or arrangement 
attempting or having as its purpose the evasion of any provision of the Act or 
general Board rule; 
(3) fail to exercise reasonable care or diligence to prevent his/her partners, 
associates, and employees from engaging in conduct which, if done by him/her, 
would violate any provision of the Act or general Board rule; 
(4) violate any of the professional practice requirements of related state 
statutes and local codes and ordinances in providing "interior design" services; 
(5) engage in any illegal conduct involving moral turpitude;
(6) engage in any conduct that discredits or tends to discredit the interior 
design profession; 
(7) make, publish, or disseminate any statements, criticisms, or arrangements on 
"interior design" matters connected with public policy which are inspired or 
paid for by an interested party or parties, unless he/she has prefaced such 
statement or comment by explicitly identifying himself/herself, disclosing the 
identities of the party or parties on whose behalf he/she is speaking and 
revealing the existence of any pecuniary interest he/she may have in such 
"interior design" matter; 
(8) permit or allow his/her professional identification, seal, firm or business 
name, or his/her services to be used or made use of, directly or indirectly, or 
in any manner whatsoever, so as to make possible to create the opportunity for 
the unauthorized practice of "interior design" by any person, firm, or 
corporation in this state; 
(9) perform any acts, allow any omissions, or make any assertions or 
representations in the practice of "interior design" which are fraudulent, 
deceitful, or misleading, or which in any manner whatsoever tend to create a 
misleading impression; 
(10) associate with or permit or allow the use of his/her name, firm or business 
name or professional identification, or seal in connection with any business 
venture, project or enterprise which he/she knows or should have known, is 
engaged in professional practices which violate any provision of the Act or any 
Board rule; 
(11) maliciously injure or attempt to injure or damage the professional 
reputation of another by any means whatsoever; provided and except, however, 
that this shall not relieve any interior designer of the obligation to expose 
any fraud, gross negligence, incompetence, misconduct, unethical or illegal 
conduct to the proper authorities or preclude a frank but private appraisal of 
interior designers or other persons or firms when requested by a client or 
prospective employer; 
(12) aid or abet, directly or indirectly, any unregistered person in connection 
with the unauthorized practice of "interior design," or any firm or corporation 
in the practice of "interior design" unless carried on in accordance with the 
provisions of the Act; 
(13) directly or indirectly or in any manner whatsoever lend his/her 
registration, seal, or professional identification to any unregistered person or 
to any firm or corporation carrying on the practice of "interior design" 
contrary to the provisions of the Act; or 
(14) on his/her own authority as an employee of the State of Texas or any of its 
political subdivisions authorize or create any situation contrary to the 
requirements of the Act. 
(b) The interior designer possessing knowledge of an applicant's qualifications 
for registration shall cooperate with the Board by responding in writing to the 
Board with those qualifications when requested to do so by the applicant or the 
Board. 
(c) The interior designer shall be personally and professionally responsible and 
accountable for the care, custody, control, and use of his/her interior 
designer's seal, his/her professional signature, and identification. The 
interior designer whose seal has been lost, misplaced, or stolen, shall, upon 
discovery of its loss, report same immediately to the Board, which may 
invalidate the stolen registration number of said seal, if it deems this 
necessary, and issue another registration number to said interior designer.

sec.5.159. Prevention of Unauthorized Practice.
(a) The interior designer shall not practice or offer to practice "interior 
design" in any governmental jurisdiction in which to do so would be in violation 
of the laws regulating the practice of "interior design" in that jurisdiction. 
(b) The revocation, suspension, or denial of a registration to practice 
"interior design" in another jurisdiction, for reasons or causes which the Board 
finds would constitute a violation of the Texas Act or any rule, regulation, or 
code promulgated by the Board, shall be sufficient cause for the denial, 
suspension, or revocation of a registration to practice "interior design" in the 
State of Texas. 

sec.5.160. Criminal Convictions.
(a) In consideration of Texas Civil Statutes, Articles 6252-13c and 13d, the 
following will apply in the processing of an application for registration or 
renewal as an interior designer. 
(1) The applicant will be required to state, as part of a sworn affidavit, 
whether he/she has ever been convicted of a felony or misdemeanor.
(2) Applicants with prior convictions will be required to provide a summary of 
the conviction in sufficient detail to allow the Board to determine if it is 
applicable to the application for registration.
(3) If the Board determines the conviction is applicable to the application, the 
Board staff will obtain sufficient details of the conviction to allow the Board 
to determine the effect of the conviction on the applicant's eligibility for 
registration. 
(b) In determining whether a criminal conviction is applicable to an applicant's 
application, the Board will consider the following: 
(1) the nature and seriousness of the crime; 
(2) the relationship of the crime to the purposes for requiring a registration 
to practice "interior design"; 
(3) the extent to which a registration might offer an opportunity to engage in 
further criminal activity of the same type as that which the applicant had been 
previously involved; and 
(4) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of an interior 
designer. 
(c) In addition to the factors that may be considered under subsection (b) of 
this section, the Board shall consider the following: 
(1) extent and nature of the applicant's past criminal activity;
(2) the age of the applicant at the time the crime was committed, and the amount 
of time that has elapsed since the applicant's last criminal activity; 
(3) the conduct and work activity of the applicant prior to and following the 
criminal activity; 
(4) evidence of the applicant's rehabilitation; and 
(5) other evidence of the applicant's fitness to practice as an interior 
designer. 
(d) Crimes relating to the practice of "interior design" include, but are not 
limited to, the following: 
(1) criminal negligence; 
(2) soliciting, offering, giving or receiving any form of bribe; 
(3) the unauthorized use of property, funds or proprietary information belonging 
to another; 
(4) acts relating to the acquisition, use, or dissemination of confidential 
information related to "interior design"; and 
(5) any violation as an individual or as a consenting party of any provision of 
the Act (Texas Civil Statutes, Article 249e). 
(e) The application of any applicant deemed ineligible for registration because 
of a prior criminal conviction will be proposed for rejection and the applicant 
will be provided the following information in writing: 
(1) the reason for rejecting the application; 
(2) notice of the administrative procedure used to conduct an informal 
conference to show compliance with all requirements of law for registration as 
an interior designer, as provided by sec.5.285 of this title (relating to 
Complaints), and similar to the proceedings established for registrants under 
sec.5.171 of this title (relating to Disciplinary Actions); and 
(3) notice that upon exhaustion of the administrative appeal, an action may be 
filed in a district court of Travis County for review of the evidence presented 
to the Board and its decision. The person must begin the judicial review by 
filing a petition with the court within 30 days after the Board's decision is 
final and appealable.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608651
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER I.Charges Against Interior Designers: Action
22 TAC sec.sec.5.171-5.187
(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 to repeal sec.sec.5.171-
5.187, concerning charges against interior designers, due to the rewriting of 
Subchapter I. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter I, Charges Against Interior 
Designers: Action. There will be no effect on small business. There is no 
anticipated economic cost to persons who are required to comply with the repeals 
as proposed.
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 repeals are proposed under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals do not affect any other statutes. 

sec.5.171. Disciplinary Action
sec.5.172. Definition of Complaint.
sec.5.173.Records .
sec.5.174. Administrative Procedure Act.
sec.5.175.Informal Disposition .
sec.5.176.Notice of Hearings .
sec.5.177.Appeals from Board Orders .
sec.5.178. Witnesses.
sec.5.179.Notices .
sec.5.180. Official Record.
sec.5.181. Transcript.
sec.5.182. Findings.
sec.5.183. Correspondence.
sec.5.184. Disqualification of Board Members.
sec.5.185. Absence from a Hearing.
sec.5.186. Time Extensions.
sec.5.187. Summons.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608637
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER I.Charges Against Interior Designers; Action
22 TAC sec.5.171
The Texas Board of Architectural Examiners proposes new rule sec.5.171, 
concerning Disciplinary Actions. The rule is being proposed to replace the 
content of the rules in Subchapter I. Charges Against Interior Designers: 
Action. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the section as 
proposed is in effect, there will be no fiscal implications as a result of 
enforcing or administering the section. 
Ms. Hendricks has also determined that for each year of the first five years the 
section as proposed is in effect, the public benefits anticipated as a result of 
enforcing the section will be more effective enforcement and protection of the 
public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed.
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 section is proposed under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The new section does not affect any other statutes. 

sec.5.171.Disciplinary Actions.
(a) The Board may revoke Certificates of Registration for failure to register 
annually. Register annually is defined as: 
(1) completing the renewal form completely; and 
(2) remitting the correct amount of renewal fees as described in Subchapter E of 
this chapter (relating to Fees). A registrant who has failed to register 
annually and has not yet been revoked by Board action will be categorized as a 
delinquent registrant. 
(b) Under the authority and provisions of the Regulation of the Practice of 
Interior Design (the Act), sec.15, the Board may take disciplinary action 
against a registrant who is found censurable for a violation of law, rules, or 
conduct. In such case, the Board may do any of the following: 
(1) revoke a certificate of registration; 
(2) suspend a certificate of registration; 
(3) probate a suspended registration; 
(4) issue a formal or informal reprimand: 
(A) a formal reprimand will take the form of a Board order;
(B) an informal reprimand may be no less than an oral or written admonishment 
from the Board. All actions of the Board are properly recorded and available 
upon request as public information. In addition, all actions enumerated in this 
subsection, except an informal reprimand, will be published in the Board 
newsletter and transmitted to the National Council of Interior Design 
Qualifications. 
(c) Interior designers must comply with the Texas Department of Licensing and 
Regulation requirements and submit drawings in a timely manner. Failure to do so 
is considered a violation. The Board may revoke or suspend an interior 
designer's certificate of registration or place on probation an interior 
designer whose registration has been suspended or reprimanded.
(d) An individual whose registration has expired for nonpayment of renewal fees 
is a delinquent registrant of the Board and is subject to all provisions of the 
Act and Board rules governing registrants until such time as registration is 
revoked by action of the Board. 
(e) In determining disciplinary actions to be taken by the Board, the 
requirements of Texas Civil Statutes, Article 6252-13c and 6252-13d, as set out 
in subsection (i) of this section, will be considered in addition to any 
provisions of the Act or Board rules. 
(f) In determining conduct in the practice of "interior design" that warrants 
disciplinary action, the Board will consider, among other things, professional 
conduct and ethics and conviction of certain crimes as provided in Texas Civil 
Statutes, Articles 6252-13c and 6252-13d. 
(g) A registrant alleged to have violated the law, rules, or standards of 
conduct will be notified by personal service or by certified or registered mail 
of the facts or conduct alleged to be in violation and shall be afforded an 
opportunity to present arguments and evidence in his/her own behalf before a 
determination of censurable conduct is made by the Board, as provided in 
Subchapter J of this chapter (relating to Complaint Procedures).
(h) Where a violation appears evident, the Board will consider instituting 
disciplinary action by means of scheduling a public hearing in conformance with 
Subchapter K of this chapter (relating to Hearings-Contested Cases); however: 
(1) the registrant will first be advised of the right to voluntarily contact the 
Board within a specified time limit to schedule an informal conference normally 
at the Board office with an informal conference review committee for the purpose 
of showing there has been no violation as alleged. The committee will be 
composed of appropriate personnel. The registrant may employ an attorney to 
represent him/her. If the registrant desires a conference and the complaint 
cannot thereafter be dismissed on the evidence, an effort will be made to reach 
an informal settlement. This settlement will take the form of a proposed agreed 
Board order which will be presented to the Board for acceptance or rejection; 
(2) if facts and circumstances of a particular case appear to warrant 
disposition by offering the registrant a consent order, the Executive Director 
on the advice of the staff and legal counsel may approve of such offer in lieu 
of an informal conference. Any such consent order may be accepted or rejected by 
the Board. If the registrant declines such an offer, or if the Board rejects it, 
the procedures in paragraph (1) of this subsection will be followed; 
(3) if the registrant's registration has expired, the Board may propose not to 
renew the registration. If the registrant does not concur with this action and 
submits the required fee to effect an automatic renewal of his/her registration, 
the Board will renew the registration and instigate proceedings to suspend the 
registration or revoke the certificate of registration; or 
(4) any Board action under this subsection which is not informally disposed by 
stipulation, agreed settlement, consent order, or default will be treated as a 
contested case and disposed as provided by the Administrative Procedure Act 
(Texas Civil Statutes, Government Code, Title 10, Chapter 2001) and the Board 
rules for hearings and contested cases. 
(A) The Board shall hear such witnesses as are reasonably necessary to fairly 
present the relevant issues as set forth in the complaint, together with 
witnesses knowledgeable of material facts to the defense of the interior 
designer. 
(B) Copies of the notices of formal hearings scheduled shall be filed with the 
Secretary of State and other appropriate agencies. 
(C) The Board shall keep an official record of all proceedings and exhibits. 
(D) The Board may cause a transcript of the proceedings to be made which, 
together with the evidence and exhibits submitted, shall be the record of the 
hearing. Such transcript may be made also on written request of either party of 
said charges, but at the expense of the demand party. A copy of such transcript, 
however caused to be made, shall be submitted to the Board and become part of 
the record of the case. 
(i) Criminal convictions shall be handled as follows: 
(1) Under the authority of Texas Civil Statutes, Article 6252-13c, sec.4e, and 
Article 249e, sec.5(b), the Board shall revoke the certificate of any registrant 
incarcerated as a result of conviction for a felony committed subsequent to 
being registered as an interior designer. The certificate of registration of any 
registrant shall also be revoked for felony probation revocation, revocation of 
parole, or revocation of mandatory supervision subsequent to being registered as 
an interior designer regardless of the date of the original conviction. 
(2) The Board may take any of the actions set out in subsection
(b) of this section when a registrant is convicted of a misdemeanor or a felony 
without incarceration if the crime directly relates to his/her duties and 
responsibilities as an interior designer as set out in sec.5.160 of this title 
(Relating to Criminal Convictions). Full disclosure of information involving a 
misdemeanor or a felony is required at the time of the conviction.
(3) Any registrant whose certificate of registration has been revoked under the 
provisions of this subsection will be advised in writing of the right to apply 
for reinstatement of registration. 
(j) The facts and circumstances of each disciplinary case will be assessed by 
the following factors before any sanctions available to the Board are ordered. 
(1) The seriousness of the prohibited acts or omissions. 
(2) The number of prior complaints found justified against the respondent. 
(3) The severity of penalty necessary to deter future violations. 
(4) Efforts or resistance to correct the violations. 
(5) Any hazard to the health, safety or welfare of the public. 
(6) Any actual damage, physical or otherwise, caused by the violations. 
(7) Any economic benefit gained through the violations.
(8) Any other matters that justice and public welfare may require. 
(k) The following is a table of suggested sanctions for specific infractions of 
the law or rules:
Figure: 22 TAC 5.171 (k) 
(l) Any felony conviction which includes incarceration will statutorily require 
the revocation of a certificate of registration, Article 6252-13c, Texas Civil 
Statutes. 
(m) The Board, the Executive Director, an administrative hearing judge, and the 
participants in an informal conference may arrive at a greater or lesser 
sanction than suggested in subparagraph (k) of this section based on the 
ultimate assessment of evidence or agreement in the expedience of justice. 
Conditions of a suspension, probation, or formal reprimand may be set by the 
Board in its final order. 
(n) A registrant whose registration is current or renewable under the Act, 
sec.14, is responsible to the Board and subject to all rules governing the acts 
of registrants. The registrant shall answer promptly all inquiries concerning 
matters under the jurisdiction of the Board, and shall fully comply with final 
decisions and orders of the Board. Failure to comply with these matters will 
constitute a separate offense of misconduct subject to any of the penalties 
provided under the Act, sec.15. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608656
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER J.Violations by Unregistered Persons
22 TAC sec.sec.5.201-5.205
(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 to repeal sec.sec.5.201-
5.205, concerning Records, due to the rewriting of Subchapter J, Violations by 
Unregistered Persons. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the repeals as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the repeals. 
Ms. Hendricks has also determined that for each year of the first five years the 
repeals as proposed are in effect, the public benefit anticipated as a result of 
enforcing the repeals will be a clearer understanding of the rules due to 
clarifications made when rewriting Chapter J, Violations by Unregistered 
Persons. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the repeals as 
proposed. 
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 repeals are proposed under the Texas Civil Statutes, Article 249e, 
which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The proposed repeals does not affect any other statutes. 

sec.sec.5.201.Authority.
sec.sec.5.202.Complaints; Alleged Violations.
sec.sec.5.203.Investigation.
sec.sec.5.204.Action.
sec.sec.5.205.Records.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608640
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER J.Complaint Procedure
22 TAC sec.sec.5.201-5.203
The Texas Board of Architectural Examiners proposes new rules sec.sec.5.201-
5.203, concerning complaint procedures. The above rules are being proposed to 
replace the content of the rules in Subchapter J, Violations by Unregistered 
Persons. 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections. 
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be more effective enforcement and protection of 
the public. There will be no effect on small business. There is no anticipated 
economic cost to persons who are required to comply with the rules as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249e, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The new sections do not affect any other statutes. 

sec.sec.5.201.General.
(a) The Regulation of the Practice of Interior Design (the Act), Article 249e, 
Texas Civil Statutes, is specific in its provisions, authorizing the lawful 
practice of "interior design." It is equally specific in charging the Texas 
Board of Architectural Examiners with responsibility for enforcement of the Act. 
The statute exempts certain persons from provisions of the Act, but otherwise 
unregistered persons are liable for violations. The Board has authority to seek 
Class "C" misdemeanor convictions for persons using the title "interior 
designer" and/or offering or performing "interior design" services not under an 
exception as permitted under the Act. 
(b) Complaints alleging violations of the Act or Board rules must be made in 
good faith and be accompanied by sufficient information or factual evidence for 
the Executive Director to establish probable cause. If the Executive Director 
does not find probable cause, he/she shall be authorized to dismiss the 
allegation without further action. The Board is not responsible for proving the 
basis of a complaint. 
(c) Complaints shall normally be submitted in writing along with copies or 
originals of all supporting evidence; however, the Executive Director may 
initiate an inquiry based on any information that will establish probable cause. 
(d) The Board will act only when the basis of the complaint would be a violation 
of the Act or Board rules if substantiated. 
(e) If a valid complaint, accompanied by sufficient information or factual 
evidence to establish probable cause, is filed with the Executive Director, the 
Board may proceed independent of any action by the complainant to enter into 
litigation with the defendant or to abandon the complaint.
(f) The Board may, upon request, keep the identity of the complainant 
confidential to the extent permitted by law. 
(g) The Board office shall maintain a separate file containing all information 
in connection with complaints, charges, hearings in connections with such 
charges, and the action of the Board in each case. 
(h) On each written complaint filed with the Board, a report to the complainant 
shall be made at least as frequently as quarterly on the status of the complaint 
until the final disposition of the complaint. 

sec.5.202.Complaints Against Nonregistrants. 
(a) Complaints alleging violations of the Act or Board rules should be in 
writing and accompanied by sufficient information or factual evidence to 
establish probable cause. Complaints shall be submitted on forms provided by the 
Board or in a written form that will provide the same information as the 
official forms. Complaints must be notarized. Information to be provided 
includes: 
(1) name of the alleged violator; 
(2) description of the alleged violation; 
(3) supporting information and factual evidence; 
(4) names, addresses and phone numbers of witnesses; and
(5) probable source of other pertinent information. 
(b) Upon determination that a violation of the Act or Board rules has occurred, 
the Board may take one or more of the following actions:
(1) enter into an agreement of voluntary compliance; or 
(2) file a criminal complaint with the appropriate prosecuting authority as 
provided by the Act, sec.16. 

sec.5.203.Complaints Against Registrants.
(a) The provisions of the Act and the provisions of the Administrative Procedure 
Act (APA) shall apply to the conduct of all investigations and administrative 
actions in the Board's handling of a complaint. In addition, the Board may 
promulgate other procedural rules not inconsistent with the Act or APA. 
(b) Complaints shall be submitted on forms provided by the Board or in a written 
form that will provide the same information as the official forms. Complaints 
must be notarized. Information to be provided includes: 
(1) name of the alleged violator; 
(2) description of the alleged violation; 
(3) supporting information and factual evidence; 
(4) names, addresses and phone numbers of witnesses; and
(5) probable source of other pertinent information. 
(c) Upon determination that a violation of the Act or Board rules has occurred, 
the Board will take one of the actions set out in the Act, sec.15. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608653
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

SUBCHAPTER K.Hearings-Contested Cases
22 TAC sec.sec.5.241-5.285
The Texas Board of Architectural Examiners proposes new rules sec.sec.5.241-
5.285, concerning Hearings-Contested Cases. The following rules reflect changes 
necessary to comply with Texas Civil Statutes, Government Code, Title 10, 
Chapter 2003, relating to State Office of Administrative
Hearings (SOAH). 
Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 
has determined that for each year of the first five years the sections as 
proposed are in effect, there will be no fiscal implications as a result of 
enforcing or administering the sections.
Ms. Hendricks has also determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcing the sections will be to provide notice of the procedure in 
contested cases. There will be no effect on small business. There is no 
anticipated economic cost to persons who are required to comply with the rules 
as proposed.
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 sections are proposed under the Texas Civil Statutes, Article 
249e, which provide the Texas Board of Architectural Examiners with authority to 
promulgate rules. 
The new sections do not affect any other statutes. 

sec.5.241.State Office of Administrative Hearings. 
(a) Formal contested case hearings will be conducted for the Board by the State 
Office of Administrative Hearings (SOAH), as authorized by Texas Civil Statutes, 
Article 6252-13f. Hearings will be conducted in accordance with the 
Administrative Procedure Act, the rules and regulations of the SOAH, and the 
Regulation of the Practice of Interior Design (the Act) and Texas Board of 
Architectural Examiners Rules and Regulations. 
(b) An administrative law judge (judge) assigned to the SOAH will perform the 
duties and responsibilities as described in sec.sec.5.241-5.285 of this title 
(relating to Hearings - Contested Cases). 
(c) The judge shall consider any applicable Board rules and policies in 
conducting the hearing. If there is any conflict between the rules of the SOAH 
and these Board rules, these rules will control unless otherwise specifically 
stated in the SOAH rules. This subsection does not apply if the rules of the 
Board are contrary to or are otherwise precluded by statutory or other 
controlling law, including Texas Civil Statutes, Article 6252-13f. 

sec.5.242.Board Responsibilities.
The Board will conduct sufficient investigation of complaint matters within its 
jurisdiction and attempt to resolve cases through authorized informal 
dispositions. However, when agreements are not reached or approved, the Board 
must refer contested cases to the State Office of Administrative Hearings for 
formal hearings. The Board shall not attempt to influence the findings of facts 
or the judge's application of the law in any contested case other than by proper 
evidence and legal argument. The Board may, however, change a finding of fact or 
conclusion of law made by the judge, or vacate or modify an order issued by the 
judge, only for reasons of policy and must state in writing the reason and legal 
basis for the change. If a member of the Board finds that he/she should not act 
on any charge before the Board, he/she may disqualify himself/herself from 
acting in the proceedings.

sec.5.243.Jurisdiction; Request for Hearings or Law Judge.
(a) The State Office of Administrative Hearings (SOAH) acquires jurisdiction 
over a case when the Board files a written request for setting of hearing form 
or request for assignment of an administrative law judge form. A request for 
setting of hearing or for assignment of an administrative law judge shall be 
considered filed on the date the request form is received by the SOAH. 
(b) The Board shall submit to the SOAH one of the following accompanied by 
copies of all pertinent documents (including but not limited to the complaint, 
petition, application, or other document describing Board action giving rise to 
a contested case), along with a written statement of applicable rules and 
policies: request for setting of hearing; or, request for assignment of a judge. 
If the Board requests a setting for a hearing, the SOAH will provide the Board 
with the date, time, and place of such setting. If the Board requests an 
assignment of a judge, the SOAH will assign a judge to consider motions and 
other prehearing matters. After a cause has been set for hearing pursuant to a 
request for setting of hearing or has been assigned a judge pursuant to a proper 
request, any party may move for appropriate relief, including but not limited to 
discovery and evidentiary rulings, continuances, and settings, which will be 
ruled on by the SOAH. 

sec.5.244.Filings.
(a) Originals or duplicates of originals of all notices, pleadings, motions, 
answers, affidavits, and all other filings in a contested case, made in 
accordance with the Administrative Procedure Act, the Texas Rules of Civil 
Evidence, or other applicable law, shall be filed with the State Office of 
Administrative Hearings (SOAH) at the time the SOAH acquires jurisdiction or at 
the time the instrument is issued and delivered if that time is later than the 
time the SOAH acquires jurisdiction. 
(b) Pursuant to the SOAH rules, a copy of all filings shall be sent by mail or 
otherwise delivered to all parties or their representative of record. 
(c) A certificate of service, signed by the person making the filing, showing 
the manner of service, stating that the filing has been served on all other 
parties and identifying those parties shall be contained in or attached to all 
filings. The certificate is prima facie evidence of service. The following form 
of certificate will be sufficient in this connection: I hereby certify that I 
have this _________ day of ______________, ______, served copies of the 
foregoing pleading, upon all other parties in this proceeding, by (here state 
the manner of service). (Signature.) 
(d) If a filing does not contain a required certificate of service, or otherwise 
show service on all other parties: 
(1) the SOAH may return the filing to the filing party; or
(2) the SOAH may send a notice to all parties stating that the filing does not 
show service on all parties and will not be considered unless and until the SOAH 
is notified that all parties have been served with the filing; or 
(3) the SOAH may, in the interest of economy of effort, send a copy of the 
filing to all parties. 
(e) In computing any period of time prescribed or allowed by Board rules, by 
order of the Board, or by any applicable statute, the period shall begin on the 
day after the act or event considered, and conclude on the last day of such 
computed period, unless it be a Saturday, Sunday, or a legal state holiday, in 
which event the period runs until the end of the next day which is not a 
Saturday, Sunday or a legal state holiday.

sec.5.245.Stipulations; Agreements.
(a) The parties, by stipulation, may agree to any substantive or procedural 
matter. 
(b) A stipulation may be filed in writing or entered on the record at the 
hearing. 
(c) The judge may require additional development of stipulated matters. 
(d) No stipulation or agreement between the parties and their attorneys or 
representatives with regard to any matter involved in any proceeding before the 
Board or the State Office of Administrative Hearings shall be enforced unless it 
shall have been reduced to writing and signed by the parties or their authorized 
representatives, or unless it shall have been dictated into the record by them 
during the course of a hearing, or incorporated in an order bearing their 
written approval. This subsection does not limit a party's ability to waive, 
modify, or stipulate any right or privilege afforded by these sections, unless 
precluded by law. 

sec.5.246.Service.
Unless otherwise required by law, service of the following documents shall be 
made by personal delivery to the party or to the party's representative by 
certified mail, return receipt requested, hand delivery or via facsimile to the 
party's address of record: 
(1) notices of hearing; 
(2) default orders; 
(3) prehearing orders; 
(4) proposal for decisions; and 
(5) decisions and orders of the Board.

sec.5.247.Conduct and Decorum.
(a) Every party, witness, attorney, or other representative shall comport 
himself/herself in all proceedings with proper dignity, courtesy, and respect 
for the Board, the administrative law judge, and all other parties. Disorderly 
conduct will not be tolerated. Attorneys and other representatives of parties 
shall observe and practice the standards of ethical behavior prescribed for 
attorneys at law by the Texas State Bar. 
(b) Unless otherwise prohibited by federal or state law, all proceedings before 
the Board or conducted by the State Office of Administrative Hearings are open 
to the public. The judge may remove persons whose conduct impedes the orderly 
progress of the hearing and restrict attendance because of the physical 
limitations of the hearing facility.

sec.5.248.Classification of Parties.
Parties to proceedings before the Board and the State Office of Administrative 
Hearings are applicants, protestants, petitioners, complainants, respondents, 
and intervenors. Regardless of errors as to designations in their pleadings, the 
parties shall be accorded their true status in the proceeding.

sec.5.249.Appearances in Person or by Representative; Waivers; Defaults.
(a) An individual may represent himself/herself. 
(b) A party may be represented by an attorney authorized to practice law in the 
State of Texas or other representative when authorized by law. 
(c) A party's representative shall enter his/her appearance with the State 
Office of Administrative Hearings (SOAH). 
(d) A party's representative of record shall be copied on all notices, 
pleadings, and other correspondence. 
(e) A party's attorney of record remains the attorney of record in the absence 
of a formal withdrawal and an order approving such withdrawal is issued by a 
judge. 
(f) A hearing before the judge is not necessary if all parties agree to the 
admission of the evidence and waive their right to appear. 
(g) A party may waive the right to appear at the hearing unless prohibited by 
law. 
(h) A waiver shall be in writing and filed with the SOAH. 
(i) If, after receiving notice of a hearing, a party fails to attend a hearing, 
the judge may proceed in that party's absence and, where appropriate, may issue 
a proposal for decision against the defaulting party.
(j) A waiver may be withdrawn by a party on written notice received by the SOAH 
no later than seven (7) days before the scheduled hearing. The judge may permit 
withdrawal of a waiver subsequent to that time on a showing of good cause or in 
the interest of justice. When a waiver is permitted by law, failure of a party 
to appear personally or by representation after filing written notice of waiver, 
may not result in a finding of default.

sec.5.250.Classification of Pleadings.
Pleadings filed in contested cases shall be protests, petitions, complaints, 
answers, replies, motions for rehearing, and other motions. Regardless of any 
error in the designation of a pleading, it shall be accorded its true status in 
the proceeding in which it is filed. 

sec.5.251.Form and Content of Pleadings. 
(a) Pleadings shall be typewritten or printed upon paper (8-1/2) inches wide and 
(11) inches long with an inside margin at least one (1) inch wide, and exhibits 
annexed thereto shall be folded to the same size. Reproductions are acceptable, 
provided all copies are clear and permanently legible. 
(b) All pleadings for which no official form is prescribed shall contain: 
(1) the name of the party seeking to bring about or prevent action by the Board; 
(2) a concise statement of the facts relied upon by the pleader; 
(3) a prayer stating the type of relief, action, or order desired by the 
pleader; 
(4) any other matter required by statute; and 
(5) a certificate of service, as required by sec.5.244 of this title (relating 
to Filings). 
(c) Each application, petition, or complaint which is intended to institute a 
proceeding before the Board shall be accompanied by any filing fee prescribed by 
law and these sections. 

sec.5.252.Discovery.
(a) Parties to an administrative hearing before the State Office of 
Administrative Hearings (SOAH) shall have the discovery rights provided in the 
Administrative Procedure Act, the Act and Board rules. 
(b) Requests for issuance of subpoenas or commissions should be directed to the 
Board. 
(c) All discovery requests should be initially directed to the party from which 
discovery is being sought. 
(d) All disputes with respect to any discovery matter shall be filed with and 
resolved by the SOAH. 
(e) All parties will be afforded a reasonable opportunity to file objections or 
move for a protective order with respect to the issuance of a subpoena or 
commission. 
(f) Copies of discovery requests and documents filed in response thereto shall 
be filed with all parties, but should not be filed with the SOAH unless directed 
by the judge or when in support of a motion to compel, motion for protective 
order, or motion to quash.  

sec.5.253. Motions; Amendments.
(a) Unless otherwise provided by these sections: 
(1) a party may move for appropriate relief before or during a hearing; 
(2) a party shall submit all motions in writing or orally at a hearing; 
(3) written motions shall: 
(A) be filed no later than (15) days before the date of the hearing, provided, 
for good cause stated in the motion, the judge may permit a written motion 
subsequent to the time; 
(B) state concisely the question to be determined; 
(C) be accompanied by any necessary supporting documentation, and if based on 
matters which do not appear of record, they shall be supported by affidavit; and 
(D) be served on each party; 
(4) an answer to a written motion shall be filed on the earlier of: 
(A) seven days after receipt of the motion; or 
(B) on the date of the hearing; 
(5) on written notice to all parties or with telephone consent of all parties, 
the judge may schedule a conference to consider a written motion; or 
(6) the judge may reserve ruling on a motion until after the hearing; or 
(7) the judge may issue a written decision or state the decision on the record; 
or 
(8) if a ruling on a motion is reserved, the ruling shall be in writing and may 
be included in the judge's proposed decision; and 
(9) the filing or pendency of a motion does not alter or extend any time limit 
otherwise established by these rules. 
(b) Continuance may be granted by the State Office of Administrative Hearings in 
accordance with the Administrative Procedure Act, the Act and Board rules, and 
applicable case law. Motions for continuance shall be in writing or stated in 
record, and shall set forth the specific grounds upon which the party seeks the 
continuance. 
(c) Unless made during a prehearing or hearing, for all motions for continuance, 
cancellation of a scheduled proceeding or extension of an established deadline 
filed fewer than ten days before the date or deadline in question, the movant 
must contact the other party(ies) and must indicate in the motion whether it is 
opposed by any party(ies). Further, if a continuance to a date certain is 
sought, the motion must include a proposed date or dates (preferably a range of 
dates) and must indicate whether the party(ies) contacted agree on the proposed 
new date(s). 
(d) Any pleading may be amended at any time up to seven days prior to hearing 
and thereafter with approval of the judge; provided, that the complaint or 
petition upon which notice has been issued shall not be amended so as to broaden 
the scope.

sec.5.254.Prehearing Conferences and Orders.
(a) When appropriate, the judge may hold a prehearing conference to resolve 
matters preliminary to the hearing. 
(b) A prehearing conference may be convened to address the following matters: 
(1) issuance of subpoenas; 
(2) factual and legal issues; 
(3) stipulations; 
(4) requests for official notice; 
(5) identification and exchange of documentary evidence;
(6) admissibility of evidence; 
(7) identification and qualification of witnesses; 
(8) motions; 
(9) discovery disputes; 
(10) order of presentation; 
(11) scheduling; 
(12) settlement conferences; and 
(13) such other matters as will promote the orderly and prompt conduct of the 
hearing. 
(c) Among other matters, as stated in subsection (b) of this section, an 
administrative law judge may order: 
(1) that the parties discuss the prospects of settlement or stipulations and be 
prepared to report thereon at the prehearing conference;
(2) that the parties file and be prepared to argue preliminary motions at the 
prehearing conference; 
(3) that the parties be prepared to specify the controlling factual and legal 
issues in the case at the prehearing conference; and 
(4) that the parties make a plain and concise statement of undisputed facts and 
issues at the prehearing conference. 
(d) At the discretion of the judge, all or part of the prehearing conference may 
be recorded or transcribed. 
(e) The judge may, after the office acquires jurisdiction, issue an order 
requiring a prehearing statement of the case. The parties shall, within fourteen 
days of service, file a statement specifying the parties' present position on 
any or all of the following as required by the judge: 
(1) the disputed issues or matters to be resolved; 
(2) a brief statement of the facts or arguments supporting the party's position 
in each disputed issue or matter; 
(3) a list of facts or exhibits to which a party will stipulate; and 
(4) a description of the discovery, if any, the party intends to engage in and 
an estimate of the time needed to complete discovery. Parties shall supplement 
this statement on a timely basis. 
(f) The judge may issue a prehearing order reciting the actions taken or to be 
taken with regard to any matter addressed at the prehearing conference. The 
prehearing order shall be a part of the case record. If a prehearing conference 
is not held, the judge may issue a prehearing order to regulate the conduct of 
the proceedings.

sec.5.255.Notice of Hearing.
(a) The Board shall be responsible for providing notice to all parties as 
required under the Administrative Procedure Act, sec.2001.052, and other 
applicable law. 
(b) A judge may issue notice of date, time, and place for hearings.

sec.5.256.Certificates of Registration. 
When the grant, denial, renewal, revocation, probation, reprimand, or suspension 
of a certificate of registration is required by statute to be preceded by notice 
and opportunity for hearing, the provisions of these sections concerning 
contested cases apply.

sec.5.257.Conduct of Hearings.
(a) On a genuine issue in a contested case, each party is entitled to: 
(1) call witnesses; 
(2) offer evidence; 
(3) cross-examine any witness called by a party; and 
(4) make opening and closing statements. 
(b) Once the hearing is begun the parties may be off the record only when the 
judge permits. If the discussion off the record is pertinent, then the judge 
will summarize the discussion for the record. 
(c) Objections shall be timely noted in the record, according to the Texas Rules 
of Civil Evidence. 
(d) The judge may continue a hearing from time to time and from place to place. 
If the time and place for the proceeding to reconvene are not announced at the 
hearing, a notice shall be mailed stating the time and place of hearing. 
(e) The judge may question witnesses and/or direct the submission of 
supplemental data. 
(f) Unless precluded by law, informal disposition may be made of any contested 
case by stipulation, agreed settlement, consent order, or default. 

sec.5.258.Formal Exceptions.
Formal exceptions to rulings of the judge during a hearing shall be unnecessary. 
It shall be sufficient that the party at the time any ruling is made or sought 
shall have made known to the judge the action he/she desires. 

sec.5.259.Motions for Postponement, Continuance, Withdrawal, or Dismissal of 
Matters Before The Board. 
Motions for postponement, continuance, withdrawal, or dismissal of matters which 
have been duly set for hearing, shall be in writing, shall be filed with the 
judge and distributed to all interested parties, under a certificate of service, 
not less than five days prior to the designated date that the matter is to be 
heard. Such motion shall set forth, under oath, the specific grounds upon which 
the moving party seeks such action and shall make reference to all prior motions 
of the same nature filed in the same proceeding. Failure to comply with the 
above, except for good cause shown, may be construed as lack of diligence on the 
part of the moving party, and at the discretion of the judge, may result in the 
dismissal of the matter in issue, with prejudice to refiling. Depending on the 
circumstances, motions for withdrawal or dismissal may be ruled on by the judge 
or, at his/her discretion, by the Board.

sec.5.260.Place and Nature of Hearings.
All hearings conducted in any proceeding shall be open to the public. All 
hearings shall be held in Austin, Texas, unless for good and sufficient cause 
the Board or the State Office of Administrative Hearings shall designate another 
place of hearing in accordance with applicable law.

sec.5.261.Administrative Law Judge. 
(a) The judge shall have the authority and duty to: 
(1) conduct a full, fair, and impartial hearing; 
(2) take action to avoid unnecessary delay in the disposition of the proceeding; 
and 
(3) maintain order. 
(b) The judge shall have the power to regulate the course of the hearing and the 
conduct of the parties and authorized representative, including the power to: 
(1) administer oaths; 
(2) take testimony; 
(3) rule on questions of evidence; 
(4) rule on discovery issues; 
(5) issue orders relating to hearing and prehearing matters, including orders 
imposing sanctions that the Board may impose; 
(6) admit or deny party status; 
(7) limit irrelevant, immaterial, and unduly repetitious testimony and 
reasonably limit the time for presentations; 
(8) grant a continuance; 
(9) request parties to submit legal memoranda, proposed findings of fact and 
conclusions of law; and 
(10) issue proposals for decision pursuant to the Administrative Procedure Act. 
(c) A judge shall disqualify himself/herself or shall recuse himself/herself on 
the same grounds and under the same circumstances as specified in Texas Rules of 
Civil Procedure, Rule 18b. 
(d) A substitute judge may use the existing record and need not repeat previous 
proceedings, but may conduct further proceedings as are necessary and proper to 
conclude the hearing and render a proposal for decision.

sec.5.262.Order of Proceedings.
(a) A case shall be called to order by the judge. 
(b) The judge shall explain briefly the purpose and nature of the hearing. 
(c) The judge may allow the parties to present preliminary matters. 
(d) The judge shall state the order of presentation of evidence.
(e) Witnesses shall be sworn or put under affirmation to tell the truth. 

sec.5.263.Reporters and Transcript. 
(a) The proceedings, or any part of them, must be transcribed on written request 
of any party. Such written request must be received by the State Office of 
Administrative Hearings (SOAH) not less than ten calendar days before the 
scheduled date of the hearing. The cost of the original transcript shall be 
assessed one-half to the party requesting the transcription, the remaining one-
half to the other parties equally. The original transcript shall be delivered to 
the SOAH. The cost of copies of the transcript will be paid by the requesting 
party. 
(b) Suggested corrections to the transcript of the record may be offered within 
ten days after the transcript is filed in the proceeding, unless the SOAH shall 
permit suggested corrections to be offered thereafter. Suggested corrections 
shall be served in writing upon each party of record, the official reporter, and 
the SOAH. If suggested corrections are not objected to, the judge will direct 
the corrections to be made and the manner of making them. In case the parties 
disagree on suggested corrections, they may be heard by the judge, who shall 
then determine the manner in which the record shall be changed, if at all.

sec.5.264.Telephone Hearings.
(a) The judge may, with consent of the parties, conduct all or part of the 
hearing by telephone, video, or other electronic means, if each participant in 
the hearing has an opportunity to participate in, hear, and, except when a 
telephone is used, see the entire proceeding. 
(b) All substantive and procedural rights apply to telephone hearings, subject 
only to the limitations of the physical arrangement. 
(c) Documentary evidence. For a telephone hearing, documentary evidence to be 
offered shall be mailed by the proponent to all parties and the office at least 
five days before the hearing. 
(d) Default. For a telephone hearing, the following may be considered a failure 
to appear and grounds for default, if the conditions exist for more than ten 
minutes after the scheduled time for hearing: 
(1) failure to answer the telephone; or 
(2) failure to free the telephone for a hearing; or 
(3) failure to be ready to proceed with the hearing as scheduled. 

sec.5.265.Dismissal, Settlement without Hearing.
(a) The State Office of Administrative Hearings may entertain motions for 
dismissal without a hearing for the following reasons: failure to prosecute; 
unnecessary duplication of proceedings or res judicata; withdrawal; moot 
questions or stale petitions; or lack of jurisdiction. 
(b) Upon request of any party and approval by the judge, or in the judge's 
discretion, a conference may be held to address settlement possibilities. 
Settlement discussions shall not be made a part of the case record. 

sec.5.266.Rules of Evidence.
(a) The judge may limit testimony or any evidence which is irrelevant, 
immaterial, or unduly repetitious. In accordance with the Administrative 
Procedure Act, the rules of evidence as applied in non-jury civil cases in the 
district courts of this state shall be followed. When necessary to ascertain 
facts not reasonably susceptible of proof under those rules, evidence not 
admissible thereunder may be admitted, except where precluded by statute, if it 
is of a type commonly relied upon by reasonably prudent persons in the conduct 
of their affairs. The judge shall give effect to the rules of privilege 
recognized by law. Objections to evidentiary offers may be made and shall be 
noted in the record. Subject to these requirements, if a hearing will be 
expedited and the interest of the parties will not be prejudiced substantially, 
any part of the evidence may be received in written form.
(b) Exclusion of witnesses. 
(1) Upon request by any party, the judge shall exclude witnesses other than 
parties from the hearing room, except when testifying. 
(2) The judge may order the witness, parties, attorneys, and all other persons 
present in the hearing room not to disclose to any witness excluded under this 
subsection the nature, substance, or purpose of testimony, exhibits, or other 
evidence introduced during the witness' absence. 
(3) A party that is not a natural person may designate an individual to remain 
in the hearing room, even though the individual may be a witness.

sec.5.267.Documentary Evidence.
Documentary evidence may be received in the form of copies or excerpts, if the 
original is not readily available. On request, parties shall be given an 
opportunity to compare the copy with the original. When numerous documents are 
offered, the judge may limit those admitted to a number which are typical and 
representative, and may, at his/her discretion, require the abstracting of the 
relevant data from the documents and the presentation of the abstracts in the 
form of an exhibit; provided, however, that before making such requirement, the 
judge shall require that all parties of record or their representative be given 
the right to examine the documents from which such abstracts were made.

sec.5.268. Official Notice.
(a) The judge may take official notice of a fact that is judicially noticeable 
in accordance with the Administrative Procedure Act. 
(b) In addition, notice may be taken of generally recognized facts within the 
area of the Board's specialized knowledge. Parties shall be notified either 
before or during the hearing, or by reference in preliminary reports or 
otherwise, of the material officially noticed, including any staff memoranda or 
data, and they shall be afforded an opportunity to contest the material so 
noticed. The special skills or knowledge of the Board and its staff may be 
utilized in evaluating the evidence.

sec.5.269.Prepared or Prefiled Testimony.
In all contested proceedings and after service of copies upon all parties of 
record at such time as may be designated by the judge, the prepared, written 
testimony of a witness upon direct examination, either in narrative or question 
and answer form, may be incorporated in the record as if read or received as an 
exhibit, upon the witness' being sworn and identifying the same. Such witness 
shall be subject to cross-examination and the prepared testimony shall be 
subject to a motion to strike in whole or in part.

sec.5.270.Limitations on Number of Witnesses.
The judge shall have the right in any proceeding to limit the number of 
witnesses whose testimony is merely cumulative.

sec.5.271.Exhibits.
Exhibits of documentary character shall be of such size as described in 
sec.5.251 of this title (relating to Form and Content of Pleadings), as not 
unduly to encumber the files and records of the Board. There shall be a brief 
statement on the first sheet of the exhibit of what the exhibit purports to 
show. Exhibits shall be limited to facts material and relevant to the issues 
involved in a particular proceeding.
(1) Tender and service. The original of each exhibit offered shall be tendered 
to the reporter for identification; one copy shall be furnished to the judge, 
and one copy to each other party of record or his/her attorney or 
representative. 
(2) Excluded exhibits. In the event an exhibit has been identified, objected to, 
and excluded, the judge shall determine whether or not the party offering the 
exhibit withdraws the offer, and if so, permit the return of the exhibit to 
him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit 
number for identification, shall be endorsed by the judge with his/her ruling, 
and shall be included in the record for the purpose only of preserving the 
exception. 
(3) After hearing. Unless specifically directed by the judge, no exhibit will be 
permitted to be filed in any proceeding after the conclusion of the hearing. In 
the event the judge allows an exhibit to be filed after the conclusion of the 
hearing, copies of the late-filed exhibit shall be served on all parties of 
record.

sec.5.272.Offer of Proof.
When testimony is excluded by ruling of the judge, the party offering such 
evidence shall be permitted to make an offer of proof by dictating or submitting 
in writing the substance of the proposed testimony, prior to the conclusion of 
the hearing, and such offer of proof shall be sufficient to preserve the point 
for the record. The judge may ask such questions of the witness as he/she deems 
necessary to satisfy himself/herself that the witness would testify as 
represented in the offer of proof. An alleged error in sustaining an objection 
to questions asked on cross-examination may be preserved without making an offer 
of proof.

sec.5.273.Depositions.
The taking and use of depositions in any proceeding shall be governed by the 
Administrative Procedure Act.

sec.5.274.Subpoenas.
Under the Administrative Procedure Act, sec.2001.089, following written request 
by a party or on its own motion:
(1) subpoenas for the attendance of a witness from any place in the State of 
Texas at a hearing in a proceeding may be issued by the Board, any member 
thereof, the Executive Director, or, during the course of a hearing, by the 
judge; 
(2) motions for subpoenas to compel the production of books, papers, accounts, 
or documents shall be addressed to the Board, shall be verified and shall 
specify as nearly as may be possible the books, papers, accounts, or documents 
desired and the material and relevant facts to be proved by them. If the matter 
sought is relevant, material, and necessary and will not result in harassment, 
imposition, or undue inconvenience or expense to the party to be required to 
produce the same, the Board, any member thereof, or the judge may issue a 
subpoena compelling production of books, papers, accounts, or documents as 
deemed necessary; and 
(1) such subpoenas shall be issued only after a showing of good cause and 
deposit of sums sufficient to insure payment of expenses incident to the 
subpoenas. Service of subpoenas and payment of witness fees shall be made in the 
manner prescribed in the Administrative Procedure Act, except that the mileage 
and per diem fees for nonparty deponents and witnesses shall be in the amount by 
law for employees of the State of Texas for intrastate mileage and per diem. 

sec.5.275.Proposals for Decision.
(a) The judge shall prepare a proposal for decision which shall contain: 
(1) findings of fact and conclusions of law, separately stated; and 
(2) if appropriate, a proposed order. 
(b) The judge may amend the proposal for decision pursuant to exceptions, briefs 
and replies to exceptions and briefs without the proposal for decision again 
being served on the parties. 
(c) The judge shall submit the proposal for decision to the Board with a copy to 
each party and his/her attorney of record. 
(d) Upon the expiration of the twentieth (20th) day following the time provided 
for the filing of exceptions and briefs as described in sec.5.276 of this title 
(relating to Filing of Exceptions, Briefs, and Replies), the proposal for 
decision may be adopted by written order of the Board, unless exceptions and 
briefs shall have been filed in the manner required.
(e) If deemed warranted, the judge may direct a party to draft and submit a 
proposal for decision which shall include proposed findings of fact and a 
concise and explicit statement of the underlying facts supporting such proposed 
findings developed from the record. 

sec.5.276.Filing of Exceptions, Briefs, and Replies. 
Any party of record may, within 20 days after the date of service of a proposal 
for decision, file exceptions and briefs to the proposal for decision, and 
replies to such exceptions and briefs may be filed within 15 days after the date 
for filing of such exceptions and briefs. A request for extension of time within 
which to file exceptions, briefs, or replies shall be filed with the Board's 
Executive Director and the judge, and a copy thereof shall be served on all 
other parties of record by the party making such request. The judge shall 
promptly notify the parties of his/her action upon the same and allow additional 
time only in extraordinary circumstances where the interests of justice so 
require.

sec.5.277.Form and Content of Briefs, Exceptions, and Replies.
Briefs, exceptions, and replies shall conform as nearly as may be possible to 
the size and form of pleadings as described in sec.5.251 of this title (relating 
to Form and Content of Pleadings). The points involved shall be concisely 
stated. The evidence in support of each point shall be abstracted or summarized 
and/or briefly stated in the form of proposed findings of fact. Complete 
citations to the page number of the record or exhibit referring to evidence 
shall be made. The specific purpose for which the evidence is relied upon shall 
be stated. The argument and authorities shall be organized and directed to each 
point properly proposed as a finding of fact in a concise and logical manner. 
Briefs shall contain a table of contents and authorities. Briefs, prior to the 
issuance of a proposal for decision, may be filed only when requested or 
permitted by the judge.

sec.5.278.Oral Argument.
Any party may request oral argument prior to the final determination of any 
proceeding, but oral argument shall be allowed only at the sound discretion of 
the Board. A request for oral argument shall be stated in a separate pleading 
filed with the Board.

sec.5.279.Final Decisions and Orders.
All final decisions and orders of the Board shall be in writing and shall be 
signed by a majority of the Board members. A final decision shall include 
findings of fact and conclusions of law, separately stated. Parties shall be 
notified either personally or by mail of any decision or order. On written 
request, a copy of the decision or order shall be delivered or mailed to any 
party and to his/her attorney of record.

sec.5.280.Administrative Finality.
(a) A decision is final, in the absence of a timely motion for rehearing, and is 
final and appealable on the date of rendition of the order overruling the motion 
for rehearing, or on the date the motion is overruled by operation of law. If 
the Board includes a member who: 
(1) receives no salary for his/her work as a Board member; and 
(2) resides outside Travis County, the Board may rule on a motion for rehearing 
at a meeting or by mail, telephone, telegraph, or other suitable means of 
communication. 
(b) If the Board finds that an imminent peril to the public health, safety, or 
welfare requires immediate effect of a final decision or order in a contested 
case, it shall recite the finding in the decision or order as well as the fact 
that the decision or order is final and effective on the date rendered, in which 
event the decision or order is final and appealable on the date rendered and no 
motion for rehearing is required as a prerequisite for appeal.

sec.5.281.Motions for Rehearing.
Except as provided in sec.5.280 of this title (relating to Administrative 
Finality), a motion for rehearing is a prerequisite to an appeal. A motion for 
rehearing must be filed within 20 days after the date of rendition of a final 
decision or order. Replies to a motion for rehearing must be filed with the 
Board within 30 days after the date of rendition of the final decision or order, 
and Board action on the motion must be taken within 45 days after the date of 
rendition of the final decision or order. If Board action is not taken within 
the 45 day period, the motion for rehearing is overruled by operation of law 45 
days after the date of rendition of the final decision or order. The Board may 
by written order extend the period of time for filing the motions and replies 
and taking Board action, except that an extension may not extend the period for 
Board action beyond 90 days after the date of rendition of the final decision or 
order. In the event of an extension, the motion for rehearing is overruled by 
operation of law on the date fixed by the order, or in the absence of a fixed 
date, 90 days after the date of the final decision or order. The parties may by 
agreement, with the approval of the Board, provide for a modification of the 
times provided in this section.

sec.5.282.Rendering of Final Decision or Order.
The final decision or order must be rendered within 60 days after the date the 
hearing is finally closed. Because a contested case is heard by a judge with the 
State Office of Administrative Hearings other than a majority of the members of 
the Board, the Board may prescribe a longer period of time within which the 
final order or decision of the Board shall be issued, normally in keeping with 
the scheduled quarterly meetings of the Board. The extension, if so prescribed, 
shall be announced at the conclusion of the hearing by the judge after 
consultation with the Board's Executive Director. 

sec.5.283.Judicial Review.
Any registrant whose certificate of registration has been suspended or revoked 
under the provisions of this subsection, who has exhausted administrative 
appeals, may file an action in a district court of Travis County for review of 
the evidence presented to the Board and its decision. The person must begin the 
judicial review by filing a petition with the court within 30 days after the 
Board's decision is final and appealable.

sec.5.284.The Record.
(a) The record in a contested case shall include: 
(1) all pleadings, motions, and intermediate rulings; 
(2) evidence received or considered; 
(3) a statement of matters officially noticed; 
(4) questions and offers of proof, objections, and rulings on them; 
(5) proposed findings and exceptions; 
(6) any decision, opinion, or report by the judge presiding at the hearing; and 
(7) all staff memoranda or data submitted to or considered by the judge or 
members of the Board who are involved in making the decision.
(b) Findings of fact shall be based exclusively on the evidence presented and 
matters officially noticed.

sec.5.285.Complaints.
(a) No revocation or suspension of any certificate of registration is effective 
unless, prior to the institution of Board proceedings, the Board gives notice by 
personal service or by registered or certified mail to the registrant of facts 
or conduct alleged to warrant the intended action, and the registrant is given 
an opportunity to show compliance with all requirements of law for the retention 
of the certificate. 
(b) Rejection of an application for initial registration, based on prior 
criminal convictions, is not effective unless, prior to the institution of Board 
action, the Board gave notice by personal service or by registered or certified 
mail to the applicant of facts relative to his/her proposed ineligibility for 
registration under sec.5.160 of this title (relating to Criminal Convictions), 
and the applicant is given an opportunity to show compliance with all 
requirements of law for registration as an interior designer. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 14, 1996.
TRD-9608626
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: July 29, 1996
For further information, please call: (512) 305-8535

TITLE 22. EXAMINING BOARDS
PART IX. Texas State Board of Medical Examiners
CHAPTER 161.General Provisions
22 TAC sec.161.1
The Texas State Board of Medical Examiners proposes an amendment to 
sec.161.1(g), concerning the responsibilities of the Non-Profit Health 
Organizations Committee and the Ethics Committee. 
Tim Weitz, general counsel, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be to define the responsibilities of the committees 
and to enable them to function as standing committees of the board. There will 
be no effect on small businesses. There will be no anticipated economic cost to 
persons who are required to comply with the section as proposed. Comments on the 
proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 
78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the Medical Practice Act, Texas Civil Statutes, 
Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical 
Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act. 
Article 4495b, sec.2.09(i) is affected by this amendment. 

sec.161.1.Meetings.
(a)-(f) (No change.) 
(g) The following are standing and permanent committees of the board, as 
established by the board in accordance with the Medical Practice Act. The 
responsibilities and authority of these committees include those duties and 
powers as set forth below and such other responsibilities and authority which 
the board may from time to time delegate to these committees. 
(1)-(12) (No change.) 
<nl>(13)<ol><nl>Non-Profit Health Organizations Committee: <ol>
<nl>(A)<ol> <nl>review applications for approval and certification of non-profit 
health organizations pursuant to the Medical Practice Act, sec.5.01; <ol>
<nl>(B)<ol> <nl>review applications and reports for continued approval and 
certification of non-profit health organizations pursuant to the Medical 
Practice Act, sec.5.01; <ol>
<nl>(C)<ol> <nl>make initial determinations and recommendations to the board 
regarding approval, denial, revocation, decertification, or continued approval 
and certification of non-profit health organizations pursuant to the Medical 
Practice Act, sec.5.01; <ol>
<nl>(D)<ol> <nl> review board rules regarding non-profit health organizations, 
and make recommendations to the board regarding changes or implementation of 
such rules; <ol>
<nl>(E)<ol> <nl> make recommendations to the board regarding matters brought to 
the attention of the non-profit health organizations committee.<ol> 
<nl>(14)<ol> <nl> Ethics Committee: <ol>
<nl>(A)<ol> <nl> study and make recommendations to the board concerning ethical 
issues related to the practice of medicine; <ol>
<nl>(B)<ol> <nl> draft, revise, and propose written statements, guidelines, and 
newsletter articles pertaining to medical ethics;<ol> 
<nl>(C)<ol> <nl> make recommendations to the board regarding matters brought to 
the attention of the ethics committee.<ol> 
(h)-(l) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609142
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

CHAPTER 177.Certification of Non-Profit Health Organization 
22 TAC sec.sec.177.9-177.15
(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 State 
Board of Medical Examiners or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Medical Examiners proposes the repeal of sec.sec.177.9-
177.15 concerning certification of non-profit organizations. Extensive 
reorganization of these sections was necessary; therefore, repeal of existing 
sections, with simultaneous proposal of new sections is submitted. 
Tim Weitz, general counsel, has determined that for the first five-year period 
the sections are in effect there will be no fiscal implications as a result of 
enforcing or administering the sections as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections will be to clarify the rules by reorganization. There 
will be no effect on small businesses. There will be no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, 
Austin, Texas 78768-2018. A public hearing will be held at a later date. The 
repeals are proposed under the Medical Practice Act, Texas Civil Statutes, 
Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical 
Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act. 
Article 4495b, sec.5.01(b) is affected by these repeals.

sec.177.9.Migrant, Community or Homeless Health Centers. 
sec.177.10.Denial of Certification.
sec.177.11.Revocation of Certification.
sec.177.12.Review of Applications and Reports. 
sec.177.13. Procedure for Denial of Certification or Decertification.
sec.177.14. Approved form.
sec.177.15. Compliance Date.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609144
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

The Texas State Board of Medical Examiners proposes new sec.sec.177.9-177.15, 
concerning non-profit health organizations, especially those related to the 
Medical Practice Act, sec.5.01(b). Extensive reorganization of the sections was 
necessary; therefore, simultaneous repeal of the existing sections and proposed 
new sections are submitted. 
Tim Weitz, general counsel, has determined that for the first five-year period 
the sections are in effect there will be no fiscal implications as a result of 
enforcing or administering the sections as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
sections as proposed is in effect the public benefit anticipated as a result of 
enforcing the sections will be to more clearly define the procedure for the 
approval under the Medical Practice Act, sec.5.01(b), of migrant, community, or 
homeless health centers organized and operated under the authority of and in 
compliance with 42 U.S.C. sec.sec.254b, 254c, or 256, or federally qualified 
health centers under 42 U.S.C. sec.sec.1396d(1)(2)(B), who are non-profit 
corporations under the Texas Non-Profit Corporation Act, Article 1396-1.01, 
Vernon's Texas Civil Statutes, and the Internal Revenue Code, sec.501(c)(3). 
There will be no effect on small businesses. There will be no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, 
Austin, Texas 78768-2018. A public hearing will be held at a later date. The new 
sections are proposed under the Medical Practice Act, Texas Civil Statutes, 
Article 4495b, sec.2.09(a), which provide the Texas State Board of Medical 
Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act. 
Article 4495b, sec.5.01(b) is affected by this proposal. 

sec.177.9.Denial of Certification.
Subject to due process procedures, the Texas State Board of Medical Examiners 
may, at its discretion, refuse to approve and certify any such Health 
Organization making application to the board if in the board's determination the 
applying Health Organization is established or organized or operated in 
contravention to or with the intent to circumvent any of the provisions of the 
Act. 

sec.177.10.Revocation of Certification.
Subject to due process procedures, the Texas State Board of Medical Examiners 
shall revoke an approval or certification if in the board's determination the 
Health Organization is established, organized, or operated in contravention of 
or with the intent to circumvent any of the provisions of the Act. 

sec.177.11.Review of Applications and Reports.
Applications for certification and biennial reports under this section shall be 
initially reviewed by the permits and legal staffs of the Texas State Board of 
Medical Examiners or other designees of the Texas State Board of Medical 
Examiners to determine compliance with the requirements for certification. If 
upon review of the application or statement and any supporting documentation, 
the applying or reporting Health Organization appears to be in compliance for 
certification or continued certification, such certification shall be made upon 
approval of the Texas State Board of Medical Examiners or a committee of the 
Texas State Board of Medical Examiners. In the event that such compliance cannot 
be determined or is otherwise in question for any reason including complaints of 
actions by the Health Organization in contravention of this section or the Act, 
the application or statement and any supporting documentation shall be submitted 
to the Texas State Board of Medical Examiners or a committee of the Texas State 
Board of Medical Examiners for further review, investigation, and approval or 
denial. If an application for certification is denied or an insufficient 
biennial report results in decertification, the Health Organization shall be 
notified in writing of the basis for the denial or decertification, and the 
Health Organization may attempt to correct the deficiency, address any 
complaint, and resubmit the certification application or reporting statement 
without paying an additional fee if resubmitted within 60 days of the date of 
the mailing of the denial or decertification letter. If a biennial reporting 
statement is insufficient or there appears to be a basis for decertification, 
the Health Organization shall be notified in writing of the potential basis for 
decertification, and the Health Organization may attempt to correct the 
deficiency or potential basis for decertification without paying an additional 
fee if the corrective action is taken and the reporting statement is resubmitted 
within 60 days of the date of the mailing by the Texas State Board of Medical 
Examiners of the written explanation regarding the deficiency or apparent basis 
for decertification. If the deficiency or apparent basis for decertification is 
not remedied or adequately explained, and the corrected reporting statement 
submitted within the 60 day period, the Health Organization shall be decertified 
at the next meeting of the Texas State Board of Medical Examiners. 

sec.177.12.Procedure for Denial of Certification
or Decertification Procedure for Denial of Certification or Decertification. 
Denial of an application for certification or decertification of a Health 
Organization for failure to comply with the provisions of this section shall 
follow the procedures set forth in sec.177.8 of this title (relating to Failure 
to Submit Reports or Fees) and sec.177.11 of this title (relating to Review of 
Applications and Reports). 

sec.177.13.Approved Form.
A Health Organization seeking certification under the Act, sec.5.01(a), shall 
submit an application on a board-approved form.

sec.177.14.Compliance Date. 
Health Organizations certified prior to the effective date of this chapter shall 
be required to be in compliance with these provisions no later than September 1, 
1996. Health Organizations applying for certification after the effective date 
of this chapter shall be required to meet the requirements of these provisions 
as a prerequisite for certification.

sec.177.15.Migrant, Community or Homeless Health Centers.
(a) Section 5.01(b) non-profit health organizations. Migrant, community, or 
homeless health centers organized and operated under the authority of and in 
compliance with 42 U.S.C. sec.sec.254b, 254c, or 256, or federally qualified 
health centers under 42 U.S.C. sec.1396d(1)(2)(B), who are non-profit 
corporations under the Texas Non-Profit Corporation Act, Article 1396-1.01, 
Vernon's Texas Civil Statutes, and the Internal Revenue Code, sec.501(c)(3), and 
who wish to obtain approval and certification to contract with and employ 
physicians pursuant to the Medical Practice Act, sec.5.01(b), Article 4495b, 
Vernon's Texas Civil Statutes, may do so by submitting an application on a form 
approved by the Texas State Board of Medical Examiners to the permits department 
of the board with the following attached documentation: 
(1) a copy of the certificate of incorporation under the Texas Non-Profit 
Corporation Act; 
(2) a copy of documentation verifying that a determination has been made that 
the organization is tax exempt under the Internal Revenue Code pursuant to 
sec.5.01(c)(3); and, 
(3) a copy of documentation verifying that the organization is organized and 
operated as a migrant, community, or homeless health center under the authority 
of and in compliance with 42 U.S.C. sec.sec.254b, 254c, or 256, or is a 
federally qualified health center under 42 U.S.C. sec.1396(d)(1)(2)(B).
(b) Denial of approval and certification. Subject to due process procedures, the 
Texas State Board of Medical Examiners may, at its discretion, refuse to approve 
and certify any such migrant, community, or homeless health center, or federally 
qualified health center making application to the board if in the board's 
determination the organization is established or organized or operated in 
contravention to or with the intent to circumvent any of the provisions of the 
Act or this section. 
(c) Revocation of certification. Subject to due process procedures, the Texas 
State Board of Medical Examiners shall revoke an approval or certification if in 
the board's determination the organization is established or organized or 
operated in contravention to or with the intent to circumvent any of the 
provisions of the Act or this section. 
(d) Biennial reports. Each organization approved and certified under the Act, 
sec.5.01(b), shall file with the Texas State Board of Medical Examiners a 
completed Biennial Report on a board-approved form which contains updated and 
current information which would otherwise be required for initial approval and 
certification to contract with and employ physicians. The Biennial Report shall 
be submitted in September of each odd numbered year if certified in an odd 
numbered year, and in September of each even numbered year if certified in an 
even numbered year. Failure to timely submit a required Biennial Report shall be 
grounds for withdrawal or revocation of approval and certification to contract 
with and employ physicians pursuant to subsection (e) of this section. 
(e) Review of applications and reports. Applications for approval and 
certification to contract with and employ physicians pursuant to the Act, 
sec.5.01(b), and subsequent Biennial Reports shall initially be reviewed by the 
permits and legal staffs of the Texas State Board of Medical Examiners or other 
designees of the Texas State Board of Medical Examiners to determine compliance 
with the requirements for approval and certification. If upon review of the 
application or statement and any supporting documentation, the applying or 
reporting organization appears to be in compliance for approval and 
certification or continued approval and certification, upon consideration and 
approval by the Texas State Board of Medical Examiners or a committee of the 
Texas State Board of Medical Examiners, the organization shall be certified and 
approved to contract with and employ physicians. In the event that such 
compliance cannot be determined or is otherwise in question for any reason 
including complaints of actions by the organization in contravention of this 
section or the Act, the application or statement and any supporting 
documentation shall be submitted to the Texas State Board of Medical Examiners 
or a committee of the Texas State Board of Medical Examiners for further review, 
investigation, and approval or denial. If an application for approval and 
certification to contract with and employ physicians is denied, the organization 
shall be notified in writing of the basis for the denial and the organization 
may attempt to correct the deficiency, address any complaint, supplement the 
application to comply with the requirements for approval and certification, or 
resubmit a new application for consideration. If a biennial reporting statement 
is insufficient or appears to be a basis for revocation or withdrawal of 
approval and decertification, the organization shall be notified in writing of 
the basis for the revocation or withdrawal of approval and decertification, and 
the organization may attempt to correct the deficiency, address any complaint, 
or supplement the biennial statement to comply with the requirements for 
continued approval and certification. If a deficiency or apparent basis for 
denial, revocation, or withdrawal of approval and decertification is not 
remedied or adequately explained, and corrected or required supplemental 
documentation is not submitted within 60 days of the date of the mailing of the 
notification by the Texas State Board of Medical Examiners, the organization 
shall be denied, revoked, decertified, or otherwise have approval withdrawn at 
the next meeting of the Texas State Board of Medical Examiners. 
(f) Procedure for denial of approval and certification or recertification. 
Denial, revocation, withdrawal of approval, or decertification of an 
organization for failure to comply with the provisions of this section or the 
Act, shall follow the procedures set forth in subsection (e) of this section. 
(g) Approved forms. An organization seeking approval and certification to 
contract with and employ physicians under the Act, sec.5.01(b), shall submit an 
application on a board-approved form. Biennial reports for continued approval 
and certification shall be submitted on a board-approved form. 
(h) Compliance date. Organizations approved and certified prior to the effective 
date of this section shall be required to be in compliance with these provisions 
no later than January 1, 1997. Organizations applying for approval and 
certification after the effective date of this section shall be required to meet 
the requirements of these provisions as a prerequisite for approval and 
certification to contract with and employ physicians pursuant to the Act, 
sec.5.01(b). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609145
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

CHAPTER 183.Acupuncture
22 TAC sec.sec.183.2-183.4, 183.14
The Texas State Board of Medical Examiners proposes amendments
to sec.183.2-183.4 and 183.14 concerning the practice of acupuncture. The
amendments will properly define a school of acupuncture which is substantially
equivalent to a Texas acupuncture school, will revise the committee structure
to have one licensure committee, will further define the requirements regarding
English competency, will amend the required number of undergraduate hours,
and revise the complaint procedure notification to reflect the board's new
address. 

Tim Weitz, general counsel, has determined that for the first five-year period 
the sections are in effect there will be no fiscal implications as a result of 
enforcing or administering the sections as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
sections as proposed is in effect the public benefit anticipated as a result of 
enforcing the sections will be to inform the public where they can make a 
complaint regarding licensed acupuncturists and clarify various requirements for 
licensure. There will be no effect on small businesses. There will be no 
anticipated economic cost to persons who are required to comply with the 
sections as proposed. 
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, 
Austin, Texas 78768-2018. A public hearing will be held at a later date. The 
amendments are proposed under the Medical Practice Act, Texas Civil Statutes, 
Article 4495b, sec.2.09(a), which provide the Texas State Board of Medical 
Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act. Article 4495b, 
Subchapter F, is affected by these proposed amendments.

sec.183.2.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the content clearly indicates otherwise. 
Substantially equivalent to a Texas acupuncture school - A school or college of 
acupuncture located outside the United States or Canada must be an institution 
of higher learning designed to select and educate acupuncture students; provide 
students with the opportunity to acquire a sound basic acupuncture education 
through training; to develop programs of acupuncture education to produce 
practitioners, teachers, and researchers; and to afford opportunity for 
postgraduate and continuing medical education. The school must provide 
resources, including faculty and facilities, sufficient to support a curriculum 
offered in an intellectual and practical environment that enables the program to 
meet these standards. The faculty of the school shall actively contribute to the 
development and transmission of new knowledge. The school of acupuncture shall 
contribute to the advancement of knowledge and to the intellectual growth of its 
students and faculty through scholarly activity, including research. The school 
of acupuncture shall include, but not be limited to, the following 
characteristics: 
(A)-(C) (No change.) 
(D) the curriculum shall be of at least <nl> 1800<ol> [1,350] hours in duration.

sec.183.3.Meetings.
(a)-(f) (No change.) 
(g) The following are standing and permanent committees of the acupuncture 
board. The responsibilities and authority of these committees shall include 
those duties and powers as set forth below and such other responsibilities and 
authority which the acupuncture board may from time to time delegate to these 
committees. 
<nl>(1)<ol> <nl>Licensure Committee: <ol>
<nl>(A)<ol> <nl>draft and review proposed rules regarding licensure by 
reciprocal endorsement, and make recommendations to the acupuncture board 
regarding changes or implementation of such rules;<ol> 
<nl>(B)<ol> <nl>draft and review proposed application forms for licensure by 
endorsement, and make recommendations to the acupuncture board regarding changes 
or implementation of such rules;<ol>
<nl>(C)<ol> <nl>oversee the application process for licensure by 
endorsement;<ol>
<nl>(D)<ol> <nl>receive and review applications for licensure by endorsement in 
the event the eligibility for licensure of an applicant is in question; <ol>
<nl>(E)<ol> <nl>present the results of reviews of applications for licensure by 
endorsement and make recommendations to the acupuncture board regarding 
licensure of applicants whose eligibility is in question; <ol>
<nl>(F)<ol> <nl> draft and review proposed rules regarding licensure by 
examination, and make recommendations to the acupuncture board regarding changes 
or implementation of such rules; <ol>
<nl>(G)<ol> <nl> draft and review proposed rules pertaining to the overall 
licensure process, and make recommendations to the acupuncture board regarding 
changes or implementation of such rules;<ol>
<nl>(H)<ol> <nl>oversee and make recommendations to the acupuncture board 
regarding any aspect of the examination process including the approval of an 
appropriate licensure examination and the administration of such an examination; 
<ol>
<nl>(I)<ol> <nl>draft and review proposed rules regarding any aspect of the 
examination; <ol>
<nl>(J)<ol> <nl>receive and review applications for licensure by examination in 
the event the eligibility for licensure of an applicant is in question; <ol>
<nl>(K)<ol> <nl>present the results of reviews of applications for licensure by 
examination, and make recommendations to the acupuncture board regarding 
licensure of applicants whose eligibility is in question; and <ol>
<nl>(L)<ol> <nl>make recommendations to the acupuncture board regarding matters 
brought to the attention of the Licensure Committee.<ol>
[(1) Grandfathering, Reciprocity, and Application Committee: 
[(A) draft and review proposed rules regarding automatic licensure, and make 
recommendations to the acupuncture board regarding changes or implementation of 
such rules; 
[(B) draft and review proposed rules regarding licensure by reciprocal 
endorsement, and make recommendations to the acupuncture board regarding changes 
or implementation of such rules; 
[(C) draft and review proposed application forms for automatic licensure and 
licensure by endorsement, and make recommendations to the acupuncture board 
regarding changes or implementation of such rules; 
[(D) oversee the application process for automatic licensure and for licensure 
by endorsement; 
[(E) receive and review applications for automatic licensure and licensure by 
endorsement in the event the eligibility for licensure of an applicant is in 
question; 
[(F) present the results of reviews of applications for automatic licensure and 
licensure by endorsement and make recommendations to the acupuncture board 
regarding licensure of applicants whose eligibility is in question; and 
[(G) make recommendations to the acupuncture board regarding matters brought to 
the attention of the Grandfathering, Reciprocity, and Application Committee.] 
(2) Examination and Licensure Committee: 
(A) draft and review proposed rules regarding licensure by examination, and make 
recommendations to the acupuncture board regarding changes or implementation of 
such rules; 
(B) draft and review proposed rules pertaining to the overall licensure process, 
and make recommendations to the acupuncture board regarding changes or 
implementation of such rules; 
(C) oversee and make recommendations to the acupuncture board regarding any 
aspect of the examination process including the approval of an appropriate 
licensure examination and the administration of such an examination;
(D) draft and review proposed rules regarding any aspect of examination and 
licensure by examination; 
(E) receive and review applications for licensure by examination in the event 
the eligibility for licensure of an applicant is in question;
(F) present the results of reviews of applications for licensure by examination, 
and make recommendations to the acupuncture board regarding licensure of 
applicants whose eligibility is in question; 
(G) make recommendations to the acupuncture board regarding matters brought to 
the attention of the Examination and Licensure Committee.]
(3)-(4) (No change.) 
(h)-(m) (No change.)

sec.183.4.Licensure.
(a) Licensure by examination from an acceptable, approved school of acupuncture. 
An applicant must present satisfactory proof to the acupuncture board that the 
applicant: 
(1)-(4) (No change.) 
(5) has taken [in English] and passed, within three attempts, the full NCCA 
examination; and 
(6) (No change.) 
<nl>(7)<ol> <nl> is able to communicate in English. This may be demonstrated by 
passage of:  <ol>
<nl>(A) <ol> <nl> the NCCA examination taken in English; or<ol>
<nl>(B)<ol> <nl> TOEFL (Test of English as a Foreign Language) with a score of 
550 or more; or  <ol>
<nl>(C)<ol> <nl> TSE (Test of Spoken English) with a score of 220 or more; or 
<ol>
<nl>(D) <ol> <nl> TOEIC (Test of English for International Communication); or 
<ol>
<nl>(E)<ol> <nl>at the discretion of the acupuncture board, any other similar, 
validated exam testing English competency given by a testing service with 
results reported directly to the acupuncture board. <ol>
(b) Licensure by examination from an acceptable, unapproved school of 
acupuncture. An applicant must present satisfactory proof to the acupuncture 
board that the applicant: 
(1)-(4) (No change.) 
(5) has taken [in English] and passed, within three attempts, the full NCCA 
examination; and 
(6) (No change.) 
<nl>(7)<ol> <nl> is able to communicate in English. This may be demonstrated by 
passage of: <ol>
<nl>(A) <ol> <nl> the NCCA examination taken in English; or <ol>
<nl>(B)<ol> <nl>TOEFL (Test of English as a Foreign Language) with a score of 
550 or more; or<ol>
<nl>(C)<ol> <nl>TSE (Test of Spoken English) with a score of 220 or more; or<ol>
<nl>(D) <ol> <nl> TOEIC (Test of English for International Communication); 
or<ol> 
<nl>(E)<ol> <nl>at the discretion of the acupuncture board, any other similar, 
validated exam testing English competency given by a testing service with 
results reported directly to the acupuncture board.<ol>
(c) Licensure by endorsement for graduates of acceptable approved and unapproved 
schools of acupuncture. An applicant, to be eligible for licensure by 
endorsement, must present satisfactory proof to the acupuncture board that the 
applicant: 
(1)-(4) (No change.) 
<nl>(5)<ol> <nl> has taken and passed, within three attempts, the full NCCA 
examination; <ol>
<nl>(6)<ol> [5] is able to communicate in English. This may be demonstrated by 
passage of:  
(A) the NCCA examination taken in English; or 
(B) TOEFL (Test of English as a Foreign Language) with a score of 550 or more; 
or 
(C) TSE (Test of Spoken English) with a score of 220 or more; or 
(D) TOEIC (Test of English for International Communication); or 
(E) at the discretion of the acupuncture board, any other similar, validated 
exam testing English competency given by a testing service with results reported 
directly to the acupuncture board; 
<nl>(7)<ol> [6] has taken and passed the CCAOM CNT course and practical 
examination; and 
<nl>(8)<ol> <nl> holds a license in another state or province, that is 
substantially equivalent to licensure in Texas; <ol>
<nl>(9)<ol> [7] <nl> is<ol> [be] endorsed by another state or province on a form 
provided by this state. The endorsement must state that the applicant's license 
is current and in full force and has not been restricted, canceled, revoked, or 
suspended. 
(d) Licensure by endorsement for graduates of unapproved foreign acupuncture 
schools. An applicant, to be eligible for licensure by endorsement, must 
<nl>present satisfactory proof to the acupuncture board that the applicant<ol>: 
(1) <nl>is at least<ol> [be] 21 years of age; 
(2) <nl>is<ol> [be] of good professional character as defined in sec.183.2 of 
this title (relating to Definitions);
(3) <nl>has<ol> [have] successfully completed 60 semester hours of general 
academic college level courses, other than in acupuncture school, that are not 
remedial and would be acceptable at the time they were completed for credit on 
an academic degree at a two or four year institution of higher education within 
the United States accredited by an agency recognized by the Higher Education 
Coordinating Board or its equivalent in other states as a regional accrediting 
body. Substantially equivalent coursework completed as a part of a degree 
program in Oriental medicine granted by a school located outside the United 
States may be accepted by the board on a case-by-case evaluation; 
(4) <nl>is<ol> [be] a graduate of a school whose curriculum meets the 
requirements for an acceptable unapproved school as determined by a committee of 
experts selected by the Texas State Board of Acupuncture Examiners, subject to 
approval by the Texas State Board of Medical Examiners; 
(5) <nl>is<ol> [be] a graduate of an acceptable unapproved acupuncture school 
that is substantially equivalent to a Texas school of acupuncture; 
(6) <nl>has taken and passed<ol> [submit evidence of taking in English and 
passing], within three attempts, the full NCCA examination; 
(7) hold<nl>s<ol> a license in another state or province, that is substantially 
equivalent to licensure in Texas;
(8) <nl>is<ol> [be] endorsed by another state or province, on a form provided by 
this state. The endorsement must state that the acupuncturist's license is 
current and in full force and has not been restricted, canceled, revoked, or 
suspended; 
(9) <nl>is<ol> [be] eligible for legal practice and/or licensure in the country 
of graduation; 
(10) <nl>is able<ol> [have the ability] to communicate in [the] English 
<nl>.<ol> [language; and] <nl>This may be demonstrated by passage of: <ol>
<nl>(A)<ol> <nl>the NCCA examination taken in English; or<ol>
<nl>(B) <ol> <nl> TOEFL (Test of English as a Foreign Language) with a score of 
550 or more; or<ol>
<nl>(C) <ol> <nl> TSE (Test of Spoken English) with a score of 220 or more; 
or<ol>
<nl>(D)<ol> <nl>TOEIC (Test of English for International Communication); or <ol>
<nl>(E)<ol> <nl>at the discretion of the acupuncture board, any other similar, 
validated exam testing English competency given by a testing service with 
results reported directly to the acupuncture board;<ol>
(11) <nl>has<ol> [have] supplied all additional information that the board may 
require concerning the applicant's school of acupuncture. 
(e) (No change.) 
(f) Licensure Documentation. 
(1) (No change.) 
(2) Documentation required of all applicants for licensure.
(A)-(F) (No change.) 
(G) Preacupuncture School Transcript. Each applicant must submit a copy of the 
record of their undergraduate education. Transcripts must show courses taken and 
grades obtained. If determined that the documentation submitted by the applicant 
is not sufficient to show proof of the completion of <nl>60<ol> [48] semester 
hours of college courses other than in acupuncture school, which courses would 
be acceptable, at the time of completion, to The University of Texas at Austin 
for credit on a bachelor of arts degree or a bachelor of science degree, the 
applicant may be requested to contact the Office of Admissions at The University 
of Texas at Austin for course work verification. 
(H)-(J) (No change.) 
(3)-(6) (No change.) 
(g)-(i) (No change.)

sec.183.14.Complaint Procedure Notification.
(a) (No change.) 
(b) Approved English Notification Statement. The following notification 
statement in English is approved by the acupuncture board for purposes of these 
rules and the Act, Section 2.09(s)(2), and is a sample of the type print 
reference in subsection (a) of this section. 
Figure 1: 22 TAC sec.183.14(b) 
(c) Approved Spanish Notification Statement. The following notification 
statement in Spanish is approved by the acupuncture board for purposes of these 
rules and the Act, Section 2.09(s)(2), and is a sample of the type print 
reference in subsection (a) of this section. 
Figure 2: 22 TAC sec.183.14(c)  
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609146
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

CHAPTER 185.Physician Assistants
22 TAC sec.185.6, sec.185.22
The Texas State Board of Medical Examiners proposes amendments to sec.185.6 and 
sec.185.22, concerning a continuing medical education temporary license for 
physician assistants and the board's change of address. Tim Weitz, general 
counsel, has determined that for the first five-year period the sections are in 
effect there will be no fiscal implications as a result of enforcing or 
administering the sections as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcing the sections will be to clarify the board's new address for the 
purpose of filing complaints regarding physician assistants and to ensure that 
physician assistants have ample opportunity to complete continuing medical 
education requirements. There will be no effect on small businesses. There is an 
anticipated economic cost of $50 to persons who are required to comply with the 
sections as proposed. 
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, 
Austin, Texas 78768-2018. A public hearing will be held at a later date. The 
amendments are proposed under the Medical Practice Act, Texas Civil Statutes, 
Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical 
Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act, and the Physician 
Assistant Licensing Act, Texas Civil Statutes, Article 4495b-1, sec.23 which 
authorizes the Texas State Board of Physician Assistant Examiners to adopt 
reasonable and necessary rules for the performance of its duties. 
Article 4495b-1, sec.sec.3, 8, and 23 are affected by these amendments.
sec.185.6.Annual Renewal of License.
(a) (No change.) 
(b) The following documentation shall be submitted as part of the renewal 
process: 
(1)-(6) (No change.) 
(7) The board may require written verification of both formal and informal 
credits from any licensee within 30 days of request. Failure to provide such 
verification may result in disciplinary action by the board<nl>;<ol>[.] 
<nl>(8)<ol> <nl> Unless exempted under the terms of this section, a physician 
assistant licensee's apparent failure to obtain and timely report the 40 hours 
of CME as required and provided for in this section shall result in nonrenewal 
of the license until such time as the physician assistant obtains and reports 
the required CME hours; however, the executive director of the board may issue 
to such a physician assistant a temporary license numbered so as to correspond 
to the nonrenewed license. Such a temporary license shall be issued at the 
direction of the executive director for a period of no longer than 90 days. A 
temporary license issued pursuant to this subsection may be issued to allow the 
board to verify the accuracy of information related to the physician assistant's 
CME hours and to allow the physician assistant who has not obtained or timely 
reported the required number of hours an opportunity to correct any deficiency 
so as not to require termination of ongoing patient care. <ol>
(c)-(f) (No change.) 

sec.185.22.Complaint Procedure Notification.
(a) (No change.) 
(b) Approved English Notification Statement. The following notification 
statement in English is approved by the board for purposes of these rules and 
the Medical Practice Act, sec.2.09(s)(2) and is a sample of the type print 
referenced in subsection (a) of this section. 
Figure 1: 22 TAC sec.185.22(b) 
(c) Approved Spanish Notification Statement. The following notification 
statement in Spanish is approved by the board for purposes of these rules and 
the Medical Practice Act, sec.2.09(s)(2), and is a sample of the type print 
referenced in subsection (a) of this section. 
Figure 2: 22 TAC sec.185.22(c)  
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609147
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

CHAPTER 187.General Provisions
SUBCHAPTER A.General Provisions
22 TAC sec.187.12
The Texas State Board of Medical Examiners proposes an amendment to sec.187.12, 
concerning service in nonrulemaking proceedings. 
Tim Weitz, general counsel, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be to ensure that proper notification is given 
regarding nonrulemaking proceedings. There will be no effect on small 
businesses. There will be no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, 
Austin, Texas 78768-2018. A public hearing will be held at a later date. The 
amendment is proposed under the Medical Practice Act, Texas Civil Statutes, 
Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical 
Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act. 
Article 4495b, sec.4.05 is affected by this amendment. 

sec.187.12.Service in Nonrulemaking Proceedings. 
(a) Personal service. <nl>Service of process shall be made by service in person 
or by mailing notice of hearing by registered mail or certified mail to the 
person entitled to notice at the last address filed with the board by such an 
individual or otherwise in accordance with the Administrative Procedure Act and 
its subsequent amendments. A certificate of service indicating service in the 
manner provided for in this subsection shall be prima facie evidence of such 
service.<ol>[Where personal service of notice by the board is required, the 
board shall serve in person or by mailing the notice of adjudicative hearing, 
certified or registered mail, return receipt requested, to the last address 
filed with the board by the person entitled to receive such notice.] 
(b) Service by publication. <nl>If service of notice as prescribed by subsection 
(a) of this section is impossible or cannot be accomplished, then notice may be 
made through publication of a notice of hearing once a week for two successive 
weeks in a newspaper published in the county of the last known place of practice 
of the person entitled to notice if the county is known. If the person is not 
currently practicing in Texas as evidenced by information in the board files, or 
if the last county of practice is unknown, publication shall be in a newspaper 
in Travis County. When publication of notice is used, the date of hearing may 
not be less than ten days after the date of the last required publication of 
notice. Proof of publication may be accomplished by affidavit of a 
representative or record custodian of the publisher indicating the required 
publication or by introduction and admission into evidence of reasonably 
reliable copies of the required notices published for purposes of service.<ol> 
[Where personal service cannot be made as contemplated in subsection (a) of this 
section, then service of notice shall be by publication of the notice of 
adjudicative hearing in a newspaper of general circulation in the county in 
which the licensee was last known to have his or her other practice for once 
each week for two consecutive weeks, the last publication to be at least ten 
days prior to the date of the hearing. When the licensee's whereabouts are 
unknown or his or her last known place of practice is outside the State of 
Texas, notice by publication is to be made by having published once a week for 
two consecutive weeks in a newspaper of general circulation published in the 
county of the last known place of practice, in Texas if known, the last 
publication, to be at least ten days prior to the date of the hearing. Return of 
the service of notice by publication shall be by publisher's affidavit together 
with a copy of the published notice which shall be introduced into the record at 
the hearing.] 
(c) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609148
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

CHAPTER 193.Standing Delegation Orders
22 TAC sec.193.9
The Texas State Board of Medical Examiners proposes new sec.193.9, concerning 
delegated drug therapy management. The new section will allow properly qualified 
and trained pharmacists to perform specific acts of drug therapy management 
under the supervision and delegation of licensed physicians. 
Tim Weitz, general counsel, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section as proposed. 
Mr. Weitz also has determined that for each year of the first five years the 
section as proposed is in effect the public benefit anticipated as a result of 
enforcing the section will be to promote efficient administration and regulation 
of delegated drug therapy management. There will be no effect on small 
businesses. There will be no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901, 
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The new section is proposed under the Medical Practice Act, Texas Civil 
Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of 
Medical Examiners with the authority to make rules, regulations and bylaws not 
inconsistent with this Act as may be necessary for the governing of its own 
proceedings, the performance of its duties, the regulation of the practice of 
medicine in this state, and the enforcement of this Act. Article 4495b, 
sec.3.061 is affected by this new section. 

sec.193.9.Delegated Drug Therapy Management.
(a) Purpose. This section is promulgated to promote the efficient administration 
and regulation of the delegation by physicians to pharmacists of drug therapy 
management pursuant to the Medical Practice Act, sec.3.061 (related to 
Delegation of Certain Functions). 
(b) Delegation. A physician licensed to practice medicine in Texas may delegate 
to a properly qualified and trained pharmacist acting under adequate supervision 
the performance of specific acts of drug therapy management authorized by the 
physician through the physician's order, standing medical order, standing 
delegation order, or other order or protocol as provided for in this section. 
(c) Supervision. Physician supervision shall be considered adequate for purposes 
of this section if the delegating physician is in compliance with this section 
and the physician: 
(1) is responsible for the formulation or approval of the physician's order, 
standing medical order, standing delegation order, or other order or protocol 
and periodically reviews the order or protocol and the services provided to a 
patient under the order or protocol; 
(2) has established a physician-patient relationship with each patient provided 
drug therapy management by a delegated pharmacist;
(3) is geographically located so as to be able to be physically present daily to 
provide medical care and supervision; 
(4) receives, as appropriate, a periodic status report on the patient, including 
any problem or complication encountered; and 
(5) is available through direct telecommunication for consultation, assistance, 
and direction. 
(d) Written protocols. Written protocols for purposes of this section shall mean 
a physician's order, standing medical order, standing delegation order, or other 
written order which at a minimum contains the following: 
(1) a statement identifying the physician authorized to prescribe drugs and 
responsible for the delegation of drug therapy management; 
(2) a statement identifying the pharmacist authorized to dispense drugs and to 
engage in drug therapy management as delegated by the physician; 
(3) a statement identifying the types of drug therapy management decisions that 
the pharmacist is authorized to make which shall include: 
(A) a statement of the types of ailments or diseases, drugs or drug categories 
involved, and the type of drug therapy management authorized in regard to each 
patient or class of patients; and, 
(B) a general statement of the procedures, decision criteria, or plan the 
pharmacist shall follow when exercising drug therapy management authority. 
(4) a statement of the activities the pharmacist shall follow in the course of 
exercising drug therapy management authority, including documentation of 
decisions made and a plan for communication or feedback to the authorizing 
physician concerning specific decisions made. Documentation may be performed on 
the prescriptive record, patient profile, patient medical chart or in a separate 
log book; and, 
(5) a statement that describes appropriate mechanisms for the pharmacist to 
report to the physician monitoring the pharmacist's exercise of delegated drug 
therapy management and the results of the drug therapy management. 
(e) Review and revision of protocols. On no less than an annual basis, written 
protocols shall be reviewed by the physician and, if necessary, revised. 
(f) Construction and interpretation. This section shall not be construed or 
interpreted to restrict the use of a preestablished health care program or to 
restrict a physician from authorizing the provision of patient care by use of a 
preestablished health care program if the patient is institutionalized and the 
care is to be delivered in a licensed hospital with an organized medical staff 
that has authorized standing delegation orders, standing medical orders, or 
protocols. This section may not be construed to limit, expand, or change any 
provision of law concerning or relating to therapeutic drug substitution or 
administration of medication, including the Texas Pharmacy Act, Article 4542a-1, 
Vernon's Texas Civil Statutes, sec.17(a)(5).
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609149
Bruce A. Levy, M.D.,J.D.
Executive Director
Texas State Board of Medical Examiners 
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 305-7016

PART XV. Texas State Board of Pharmacy
CHAPTER 295.Pharmacists
22 TAC sec.295.13
The Texas State Board of Pharmacy proposes new 295.13 concerning
Drug Therapy Management by a Pharmacist under Written Protocol of a Physician.
The new rule, if adopted, will specify requirements for the maintenance of
records of a pharmacist engaged in the provision of drug therapy management
as authorized by section 3.06 of the Medical Practices Act. 

Fred S. Brinkley, Jr., R.Ph., M.B.A., has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for local government as a result of enforcing or administering the rule.
The cost to state government will be approximately $7,000 for fiscal year
1997 and -0- for fiscal years 1998 - 2001. This cost is for developing and 
implementing a data base to store the name and license number of the supervising 
physician and the address where records are maintained. 
Mr. Brinkley also has determined that for each year of the first five-year 
period the rule will be in effect the public benefit anticipated as a result of 
enforcing the rule will be protection of the public through the establishment of 
standards for the maintenance of pharmacists records of drug therapy management. 
There will be no effect on small businesses and there are no anticipated 
economic costs to persons who are required to comply with the rule as proposed. 
Comments on the proposal may be submitted to Gay Dodson, Director of Compliance, 
333 Guadalupe Street, Suite 3-600, Austin, Texas 78701-3942. 
The amendment is proposed under the Texas Pharmacy Act (Article 4542a-1, Texas 
Civil Statutes): sec.4, which specifies that the purpose of the Act is to 
protect the public through the effective control and regulation of the practice 
of pharmacy; sec.16(a), which gives the Board the authority to adopt and amend 
rules for the proper administration and enforcement of the Act; and sec.17(x) 
which specifies the board shall adopt rules regarding records to be maintained 
by a pharmacist performing a specific act under written protocol. 
The statutes affected by this rule: Texas Civil Statutes, Article 4542a-1.

sec.295.13.Drug Therapy Management by a Pharmacist under Written Protocol of a 
Physician. 
(a) Purpose. The purpose of this section is to provide standards for the 
maintenance of records of a pharmacist engaged in the provision of drug therapy 
management as authorized in sec.3.061 of the Medical Practice Act and sec.17(x) 
of the Pharmacy Act. 
(b) Definitions. The following words and terms, when used in this subchapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
(1) Act The Texas Pharmacy Act, Texas Civil Statutes, Article 4542a-1, as 
amended. 
(2) Board The Texas State Board of Pharmacy. 
(3) Confidential record Any health-related record maintained by a pharmacy or 
pharmacist, such as a patient medication record, prescription drug order, or 
medication order. 
(4) Drug therapy management The performance of specific acts by pharmacists as 
authorized by a physician through written protocol. Drug therapy management may 
include the following: 
(A) collecting and reviewing patient drug use histories; 
(B) ordering or performing routine drug therapy related patient assessment 
procedures including temperature, pulse, and respiration; 
(C) ordering drug therapy related laboratory tests; 
(D) initiation or modification of drug therapy following diagnosis and initial 
patient assessment by a physician; or 
(E) any other drug therapy related act delegated by a physician.
(5) Medical Practice Act The Texas Medical Practice Act, Texas Civil Statutes, 
Article 4495b, as amended. 
(6) Written protocol A physician's order, standing medical order, standing 
delegation order, or other order or protocol as defined by rule of the Texas 
State Board of Medical Examiners under the Medical Practice Act. 
(c) Notification. 
(1) Initial notification. Prior to initially engaging in drug therapy 
management, a pharmacist shall provide the board with: 
(A) the name, license number, and address of the supervising physician; 
(B) the address where the records of such drug therapy management are 
maintained; and 
(C) a statement attesting to the fact that the pharmacist has, within the last 
year: 
(i) completed at least six hours of continuing education related to drug therapy 
offered by a provider approved by the American Council on Pharmaceutical 
Education (ACPE); or 
(ii) engaged in drug therapy management as allowed under previous laws or rules. 
A statement from the physician supervising the acts. 
(2) Continuing requirements. A pharmacist engaged in drug therapy management 
shall: 
(A) annually complete six hours of continuing education related to drug therapy 
offered by a provider approved by the American Council on Pharmaceutical 
Education (ACPE). 
(B) notify the board of any change in supervising physician or change in the 
address where the records of drug therapy management are maintained. 
(d) Supervision. Physician supervision shall be as specified in sec.3.061 of the 
Medical Practice Act and shall be considered adequate if the delegating 
physician: 
(1) is responsible for the formulation or approval of the physician's order, 
standing medical order, standing delegation order, or other order or protocol 
and periodically reviews the order or protocol and the services provided to a 
patient under the order or protocol; 
(2) has established a physician-patient relationship with each patient provided 
drug therapy management by a delegated pharmacist;
(3) is geographically located so as to be able to be physically present daily to 
provide medical care and supervision; 
(4) receives, as appropriate, a periodic status report on the patient, including 
any problem or complication encountered; and 
(5) is available through direct telecommunication for consultation, assistance, 
and direction. 
(e) Records. 
(1) Maintenance of records. 
(A) Every record required to be kept under this section shall be kept by the 
pharmacist and be available, for at least two years from the date of such 
record, for inspecting and copying by the board or its representative and to 
other authorized local, state, or federal law enforcement or regulatory 
agencies. 
(B) Records may be maintained in an alternative data retention system, such as a 
data processing system or direct imaging system provided:
(i) the records maintained in the alternative system contain all of the 
information required on the manual record; and 
(ii) the data processing system is capable of producing a hard copy of the 
record upon the request of the board, its representative, or other authorized 
local, state, or federal law enforcement or regulatory agencies. 
(2) Written protocol. 
(A) A copy of the written protocol shall be maintained by the pharmacist and 
shall contain at a minimum the following: 
(i) a statement identifying the physician authorized to prescribe drugs and 
responsible for the delegation of drug therapy management; 
(ii) a statement identifying the pharmacist authorized to dispense drugs and to 
engage in drug therapy management as delegated by the physician;
(iii) a statement identifying the types of drug therapy management decisions 
that the pharmacist is authorized to make which shall include:
(I) a statement of the types of ailments or diseases, drugs or drug categories 
involved, and the type of drug therapy management authorized in regard to each 
patient or class of patient; and 
(II) a general statement of the procedures, decision criteria, or plan the 
pharmacist shall follow when exercising drug therapy management authority. (iv) 
a statement of the activities the pharmacist shall follow in the course of 
exercising drug therapy management authority, including documentation of 
decisions made and a plan for communication or feedback to the authorizing 
physician concerning specific decisions made. Documentation may be maintained on 
the prescriptive record, patient profile, patient medical chart or in a separate 
log book; and 
(v) a statement that describes appropriate mechanisms for the pharmacist to 
report to the physician monitoring the pharmacist's exercise of delegated drug 
therapy management the results of the drug therapy management.
(B) Written protocols shall be reviewed by the physician and pharmacist at least 
annually and revised if necessary. Such review shall be documented in the 
pharmacist's records. 
(f) Confidentiality. 
(1) A pharmacist shall provide adequate security to prevent indiscriminate or 
unauthorized access to confidential records. If confidential health information 
is not transmitted directly between a pharmacy and a physician, but is 
transmitted through a data communication device, the confidential health 
information may not be accessed or maintained by the operator of the data 
communication device unless specifically authorized to obtain the confidential 
information by this subsection. 
(2) Confidential records are privileged and may be released only to: 
(A) the patient or the patient's agent; 
(B) practitioners and other pharmacists when, in the pharmacist's professional 
judgment, such release is necessary to protect the patient's health and well-
being; 
(C) other persons, the board, or other state or federal agencies authorized by 
law to receive such information; 
(D) a law enforcement agency engaged in investigation of suspected violations of 
the Controlled Substances Act or the Dangerous Drug Act; 
(E) a person employed by any state agency which licenses a practitioner as 
defined in the Act if such person is engaged in the performance of the person's 
official duties; or 
(F) an insurance carrier or other third party payor authorized by a patient to 
receive such information. 
(3) This section shall not affect or alter the provisions relating to the 
confidentiality of the physician-patient communication as specified in sec.5.08 
of the Medical Practice Act. 
(g) Construction and Interpretation. 
(1) As specified in sec.3.061(e) of the Medical Practice Act, this section does 
not restrict the use of a preestablished health care program or restrict a 
physician from authorizing the provision of patient care by use of a 
preestablished health care program if the patient is institutionalized and the 
care is to be delivered in a licensed hospital with an organized medical staff 
that has authorized standing delegation orders, standing medical orders, or 
protocols. 
(2) As specified in sec.3.061(d) of the Medical Practice Act, this section may 
not be construed to limit, expand, or change any provision of law concerning or 
relating to therapeutic drug substitution or administration of medication, 
including sec.17(a)(5) of the Act. 
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.
Issued in Austin, Texas, on June 24, 1996.
TRD-9609036
Fred S. Brinkley, Jr., R.Ph., M.B.A.
Executive Director/Secretary
Texas State Board of Pharmacy
Proposed date of adoption: August 20, 1996
For further information, please call: (512) 305-8027

TITLE 25. HEALTH SERVICES
PART II. Texas Department of Mental Health and Mental Retardation 
CHAPTER 403.Other Agencies and the Public
SUBCHAPTER K.Client-Identifying Information 
sec.sec.403.291-403.300, 403.302, 403.305-403.308 
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
amendments to sec.sec.403.291-403.300, 403.302, and 403.305-403.308 of 
Subchapter K, concerning client-identifying information. The proposal implements 
provisions of House Bill 2162, and Senate Bills 81, 149, 667, and 1485 (74th 
Legislature). House Bill 2162 allows for the disclosure of confidential client-
identifying information for the purpose of providing continuity-of-care for 
offenders with mental impairments. Senate Bills 81 and 1485 allow for the 
disclosure of confidential client-identifying information to child fatality 
review teams. Senate Bill 149 allows for the disclosure of client-identifying 
information for the purposes of providing rehabilitative services to sex 
offenders. Senate Bill 667 allows for the disclosure of client-identifying 
information if a client's physical or mental condition is relevant to the 
execution of a will or if the information is relevant to a proceeding brought by 
the client against a physician. The proposal also eliminates the excerpt from 
the Open Records Act as Exhibit A and updates terminology and references. 
Don Green, chief financial officer, has determined that for each year of the 
first five-year period the sections are in effect there will be no significant 
fiscal impact on state and local governments or small businesses as a result of 
enforcing or administering the sections. 
Karen Hale, assistant commissioner, has determined that for the first five years 
the sections are in effect the public benefit anticipated as a result of 
enforcing the sections will be compliance with state law. There is no 
significant anticipated economic cost to persons who are required to comply with 
the sections as proposed. 
Comments on the proposed amendments may be submitted to Linda Logan, director, 
Policy Development, Texas Department Mental Health and Mental Retardation, P.O. 
Box 12668, Austin, TX 78711-2668, within 30 days of publication. 
The amendments are proposed under the Texas Health and Safety Code, Title 7, 
sec.532.015, which provides the Texas Board of Mental Health and Mental 
Retardation with rulemaking powers. 
The proposal affects the Texas Health and Safety Code, sec.611.006; Texas Civil 
Statutes, Article 4590i, sec.4.01(e); Code of Criminal Procedure, Article 42.12, 
sec.9; and Texas Family Code, Chapter 264. 

sec.403.291.Purpose.
(a) The purpose of this subchapter is to protect the rights of clients with 
regard to the disclosure of identifying information by providing guidelines for 
use by: 
(1) employees of the department, community mental health and mental retardation 
centers, and <nl>contract<ol> [other designated] providers whose duties include 
the release of such client-identifying information in appropriate situations; 
and 
(2) (No change.) 
(b)-(d) (No change.) 

sec.403.292.Application.
This subchapter applies to all facilities of the Texas Department of Mental 
Health and Mental Retardation, <nl>to state- operated community services,<ol> to 
community mental health and mental retardation centers, and to [other 
designated] providers that contract with the department <nl>, state-operated 
community services,<ol> or community mental health and mental retardation 
centers to provide community-based mental health and mental retardation 
services. 

sec.403.293.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise:
<nl>Chief executive officer or CEO<ol> - The superintendent/director of a state 
facility, the director of a state-operated community services, or the executive 
director of a center.
Client-identifying information -The name, address, social security number, or 
any information by which the identity of a client can be determined either 
directly or by reference to other publicly available information. The term 
includes, but is not limited to, a client's medical record, graphs, or charts; 
statements made by the client, either orally or in writing, while receiving 
services; photographs, videotapes, etc.; and any acknowledgment that a person is 
or has been a client of the facility, <nl>state-operated community services,<ol> 
center, or <nl>contract<ol> [other designated] provider. The term does not 
include a client-identifying number assigned by a facility. The statutes, 
regulations, and rules requiring that client-identifying information be kept 
confidential apply regardless of the means or methods utilized for the storage 
and retrieval of such information. 
<nl>Contract provider<ol><nl> -An individual, entity, or organization that 
contracts with the department, state-operated community services, or community 
mental health and mental retardation center to provide community-based mental 
health and mental retardation services. <ol>
Facility -All state hospitals, state schools, or state centers, and their 
respective [community-based services,] day care centers, and clinics, and the 
central office of the Texas Department of Mental Health and Mental Retardation. 
Legal counsel -At a facility <nl>or state-operated community services <ol>, 
staff of the department's legal services office; at a center or <nl>contract<ol> 
[other designated] provider, the attorney(s) in its service.
Legally authorized representative -A legally authorized representative means: 
(A) a parent or legal guardian if the client is a minor, or a legal guardian if 
the client has been adjudicated incompetent to manage the client's personal 
affairs; 
(B) an agent of the patient authorized under a durable power of attorney for 
health care; 
(C) an attorney ad litem appointed for the client; [or]
(D) a parent, spouse, adult child, or personal representative if the client is 
deceased <nl>; or <ol>
<nl>(E)<ol> <nl> surrogate decision-making committee or surrogate decision-
maker, as appropriate.<ol>
[Other designated provider - An individual, entity, or organization which 
contracts with the department or community mental health and mental retardation 
center to provide community-based mental health and mental retardation 
services.]
<nl>State-operated community services (SOCS)<ol> <nl>-State-operated 
organizations responsible for ensuring the provision of community- based MHMR 
services in communities throughout the state which do not receive such services 
through a locally operated community MHMR center. These organizations were 
formerly community services divisions of state facilities.<ol>

sec.403.294.Statutes and Federal Regulations Governing Disclosure.
(a)-(b) (No change.) 
(c) Texas Civil Statutes, Article 4512g-1, allows for the release of information 
concerning the mental health treatment of a sex offender (as defined by Code of 
Criminal Procedure, Article 42.12, Section 9) to a criminal justice agency or 
local law enforcement authority.
<nl>(d)<ol>[c] The Secretary of the United States Department of Health and Human 
Services has promulgated extensive regulations governing the disclosure of 
records for clients receiving chemical dependency services. See 42 Code of 
Federal Regulations Part 2. 
<nl>(e)<ol>[(d)] The Secretary of the United States Department of Education has 
promulgated extensive regulations governing the disclosure of educational 
records of school-age children. See 45 Code of Federal Regulations 99ff. Any 
questions concerning the disclosure of such educational records should be 
referred to legal counsel. 

sec.403.295.General Provision for Release of Client-Identifying Information.
(a) All requests for client-identifying information by persons or organizations, 
other than employees and agents of the department or employees of community 
centers or <nl>contract<ol> [other designated] providers who need the 
information for the purpose of fulfilling their duties, should be made to the 
<nl>CEO <ol> [head] of the facility, <nl>state-operated community services 
<ol>(SOCS), center, or <nl>contract<ol> [other designated] provider (or 
designee) from which the client receives or has received services. Employees and 
agents of the Texas Department of Protective and Regulatory Services shall also 
direct inquiries and requests for client records to the <nl> CEO <ol> [chief 
executive officer] of the facility, <nl> SOCS,<ol> center, or <nl>contract <ol> 
[other designated] provider. 
(b) The Texas Open Records Act, <nl>Texas Government Code, Chapter 552 <ol> 
[Texas Civil Statutes, Article 6252-17a], provides that all information 
collected, assembled, or maintained by governmental bodies, and agencies 
operating in part or whole with state funds, pursuant to law or ordinance in 
connection with the transaction of official business is public information and 
available to the public during normal business hours; however, the act does set 
out certain exceptions. One such exception is information deemed confidential by 
law, such as records which directly or indirectly identify a client, former 
client, or proposed client. [A copy of the Texas Open Records Act, sec.3, which 
contains the exceptions to the compulsory disclosure requirements of the act, is 
referred to in sec.403.306 of this title (relating to Exhibits) as Exhibit A.] 
(c) (No change.) 
(d) Except as otherwise described in these rules, an inquiry as to whether a 
person is a client of a facility, <nl> SOCS,<ol> community center, or 
<nl>contract<ol> [other designated] provider, should not be affirmed or denied, 
but should be answered by stating that information cannot be given without 
proper authorization.
(e)-(h) (No change.) 

sec.403.296.Notice to Clients Receiving Chemical Dependency Services of Federal 
Confidentiality Requirements.
(a) (No change.) 
(b) The written summary of the federal law and regulations must include: 
(1) a citation to the federal law and regulations; 
(2) a description of the limited circumstances under which a program may 
disclose outside the program information identifying a client as chemically 
dependent; 
(3) a description of the limited circumstances under which a facility may 
acknowledge that an individual is present at a facility; 
(4) a description of the circumstances under which records for a client 
receiving chemical dependency services may be used to initiate or substantiate 
criminal charges against a client; 
(5) a statement that information related to a commission of a client's crime on 
the premises of the facility against personnel of the facility is not protected; 
(6) a statement that the federal law and regulations do not prohibit a facility 
from giving a client access to his or her own records;
(7) a statement of the criminal penalty for violation of the federal law and 
regulations; 
(8) a statement that reports of suspected child abuse and neglect made under 
state law to appropriate state or local authorities are not protected; and 
(9) an address where suspected violations of the federal law and regulations may 
be reported. 
(c) A copy of a sample notice form which meets the requirements of subsection 
(b) of this section, and which is required to be given to clients, is referred 
to in sec.403.306 of this title (relating to Exhibits) as <nl>Exhibit A <ol> 
[Exhibit B]. 

sec.403.297.When Consent for Disclosure is not Required: Clients Receiving 
Mental Health or Mental Retardation Services.
(a) (No change.) 
(b) <nl>When required by certain judicial and administrative proceedings. 
Client-identifying information may be disclosed without the consent of the 
client or the client's legally authorized representative in: <ol>
<nl>(1)<ol> <nl>a judicial or administrative proceeding brought by the client or 
the client's legally authorized representative against a professional, including 
malpractice proceedings; <ol>
<nl>(2)<ol> <nl> a license revocation proceeding in which the client is a 
complaining witness and in which disclosure is relevant to the claim or defense 
of a professional; <ol>
<nl>(3)<ol> <nl> a judicial or administrative proceeding in which the client 
waives his or her right in writing to the privilege of confidentiality of 
information or when the client's legally authorized representative, acting on 
the client's behalf, submits a written waiver to the confidentiality privilege; 
<ol>
<nl>(4)<ol> <nl> a judicial or administrative proceeding to substantiate and 
collect on a claim for mental or emotional health services rendered to the 
client; <ol>
<nl>(5)<ol> <nl> a judicial proceeding if the judge finds that the client, after 
having been informed that communications would not be privileged, has made 
communications to a professional in the course of a court-order examination, 
except that those communications may be disclosed only with respect to issues 
involving the client's mental or emotional health; <ol>
<nl>(6)<ol> <nl> a judicial proceeding affecting the parent-child relationship; 
<ol>
<nl>(7)<ol> <nl> any criminal proceeding subject to a subpoena issued by the 
court; <ol>
<nl>(8)<ol> <nl> a judicial or administrative proceeding regarding the abuse or 
neglect, or the cause of abuse or neglect, of a resident of an institution, as 
defined by the Texas Health and Safety Code, Chapter 242; <ol>
<nl>(9)<ol> <nl> a judicial proceeding relating to a will, if the client's 
physical or mental condition is relevant to the execution of the will; <ol>
<nl>(10)<ol> <nl> an involuntary commitment proceeding for court- ordered 
treatment or for a probable cause hearing under Chapters 462, 574, or 593 of the 
Texas Health and Safety Code; and <ol>
<nl>(11)<ol> <nl> a judicial or administrative proceeding where the court or 
agency has issued an order or subpoena.<ol> [When required by certain court 
proceedings. In court proceedings, client-identifying information may be 
disclosed without the consent of the client or the person authorized to consent 
for the client, as follows: 
[(1) when the proceeding is brought by the client against a professional, as in 
a malpractice proceeding, and disclosure is relevant to the claim or defense of 
the professional; 
[(2) when the proceeding is brought to collect on a claim for services provided; 
[(3) when the facility/center has examined and treated a client pursuant to a 
court-ordered examination after informing the client that future communications 
and records are not subject to the privileges of confidentiality; 
[(4) when the proceeding is a criminal prosecution in which the client is a 
victim, witness, or defendant; however, records which are released in response 
to a subpoena may only be released to the judge of the court in which the 
prosecution is pending.] 
(c) When required in other than court proceedings. Client-identifying 
information may be disclosed without the consent of the client or the person 
authorized to consent for the client, as follows: 
(1)-(8) (No change.) 
(9) to Advocacy, Incorporated, in the investigation of a complaint by or on 
behalf of a client who does not have a legal guardian or who is a ward of the 
state. Excepted from this disclosure without consent are records subject to 
attorney-client privilege, e.g., records of an investigation conducted at the 
request of a departmental attorney in preparation for potential 
litigation[.]<nl>; <ol>
<nl>(10)<ol> <nl> to an employee or agent of the treating professional who 
requires the mental health care information to provide mental health care 
services or in complying with statutory, licensing, or accreditation 
requirements, if the professional has taken appropriate action to ensure that 
the employee or agent: <ol>
<nl>(A)<ol> <nl>will not use or disclose the information for any other purposes; 
and <ol>
<nl>(B)<ol> <nl>will take appropriate steps to protect the information; and <ol>
<nl>(11)<ol> <nl> to satisfy a request for medical records of a deceased or 
incompetent person pursuant to sec.4.01(e), Medical Liability and Insurance 
Improvement Act of Texas, Texas Civil Statutes, Article 4590i. <ol>
(d) When between components of the TXMHMR service system, including department 
facilities, <nl>state-operated community services (SOCS),<ol> community centers, 
and <nl>contract<ol> [other designated] providers. Client-identifying 
information may be disclosed without the consent of the client or the person 
legally authorized to consent for the client between components of the TXMHMR 
service system provided:
(1)-(3) (No change.) 
(e) (No change.) 
<nl>(f)<ol> <nl>When used for continuity of care of offenders with mental 
impairments. Client-identifying information concerning the continuity of care 
for convicted felons with mental impairments may be disclosed if it furthers the 
purposes of the Texas Council on Offenders with Mental Impairments, Texas Health 
and Safety Code, Chapter 614. <ol>
<nl>(g)<ol> <nl>When used by a child fatality review team. A deceased child's 
client-identifying information of may be disclosed to a member of a child 
fatality review team in accordance with the Texas Family Code, Chapter 264.<ol>

sec.403.298.When Consent for Disclosure is not Required: Clients Receiving 
Chemical Dependency Services.
(a) (No change.) 
(b) Consent is not required for disclosure of client-identifying information 
between department facilities <nl>, state-operated community services,<ol> and 
personnel of the department having a need for the information in connection with 
their duties. This subsection does not include disclosure of information by 
department personnel to personnel of community mental health and mental 
retardation centers or to <nl> contract<ol>[other designated] providers, unless 
the center or provider is also a qualified service organization as defined in 
sec.403.293 of this title (relating to Definitions). 
(c)-(h) (No change.) 

sec.403.299.Form of Consent: Clients Receiving Mental Health and Mental 
Retardation Services.
(a) (No change.) 
(b) Whenever a consent form authorizing the disclosure of client-identifying 
information concerning a client receiving mental health or mental retardation 
services is received by a facility, <nl>state-operated community services 
(SOCS),<ol> center, or <nl>contract <ol> [other designated] provider, the 
requested disclosure shall be made if the consent form contains at least the 
following information: 
(1)-(7) (No change.) 
(c) A copy of a <nl>sample <ol> [consent] form required for use in any 
disclosure <nl>of information <ol> by consent initiated within facilities, 
<nl>SOCS,  <ol> centers, or <nl>contract<ol> [other designated] providers is 
referred to in sec.403.306 of this title (relating to Exhibits) as <nl>Exhibit B 
<ol> [Exhibit C]. 

sec.403.300.Form of Consent: Clients Receiving Chemical Dependency Services.
(a) A written consent to a disclosure must include: 
(1) the name of the client; 
(2) the name of the program which is to make the disclosure;
(3) how much and what kind of information is to be disclosed;
(4) the name or title of the individual or the name of the organization to which 
disclosure is to be made; 
(5) the purpose of the disclosure; 
(6) the signature of the client or person authorized to give consent for the 
client under sec.403.302 of this title (relating to Who Can Give Consent for 
Disclosure: Clients Receiving Chemical Dependency Services); 
(7) the date on which the consent is signed; 
(8) a statement that the consent is subject to revocation at any time except to 
the extent that the program which is to make the disclosure has already acted in 
reliance on it. Acting in reliance includes the provision of treatment or 
services in reliance on a valid consent to disclose information to a third-party 
payor. 
(9) the date, event, or condition upon which the consent will expire if not 
revoked before. This date, event, or condition must ensure that the consent will 
last no longer than reasonably necessary to serve the purpose for which it is 
given. 
(b) A copy of a sample consent form containing the information referred to in 
subsection (a) of this section and required for use in any disclosure of 
information by consent concerning a client receiving chemical
dependency services is referred to in sec.403.306 of this title (relating
to Exhibits) as <nl>Exhibit B <ol> [Exhibit C]. 

(c) (No change.) 

sec.403.302.Who Can Give Consent for Disclosure: Clients Receiving Chemical 
Dependency Services.
(a)-(b) (No change.) 
(c) For any period for which the <nl>CEO <ol> [head] of a facility, <nl>state-
operated community services,<ol> center, or <nl>contract<ol> [other designated] 
provider determines that a client, other than a minor or one who has been 
adjudicated incompetent, suffers from a medical condition that prevents knowing 
or effective action on his or her behalf, the <nl> CEO <ol> [head of the 
facility] may exercise the right of the client to consent to a disclosure for 
the sole purpose of obtaining payment for services from a third-party payor. 
(d)-(f) (No change.) 

sec.403.305.Deposition, Subpoenas, and Subpoenas
Duces Tecum-Staff Compliance and Conduct.
(a) If consent of the client or person legally authorized to give consent for 
the client has been given, then the facility/<nl> state-operated community 
services (SOCS)/<ol> center <nl> may <ol> [shall] testify in court or by 
deposition or affidavit on matters relating to the client or make available 
records in reference to the client when asked to do so. 
(b) In civil proceedings, if consent has not been given by the client receiving 
mental health or mental retardation services or the authorized person, a 
subpoena and/or subpoena duces-tecum is sufficient to permit the release of 
records if the request is made for records pursuant to Texas Rule of Civil 
Evidence, Rule 510 (d). Any of the <nl> judicial or administrative <ol> 
[following] situations <nl> described in sec.403.297(b)(1)-(11) of this title 
(relating to When Consent for Disclosure is not Required: Clients Receiving 
Mental Health or Mental Retardation Services) <ol> would allow the release of 
client-identifying information if a subpoena were issued for that purpose[: 
[(1) when the proceedings are brought by the client against a professional, 
including but not limited to malpractice proceedings, and in any license 
revocation proceedings in which the client is a complaining witness and in which 
disclosure is relevant to the claim or defense of a professional; 
[(2) when the client waives his or her right in writing to the privilege of 
confidentiality of any information, or when a representative of the client, 
acting on the client's behalf, submits a written waiver to the confidentiality 
privilege; 
[(3) when the purpose of the proceeding is to substantiate and collect on a 
claim for mental or emotional health services rendered to the client; or 
[(4) when the judge finds that the client, after having been previously informed 
that communications would not be privileged, has made communications to a 
professional in the course of a court-ordered examination relating to the 
client's mental or emotional condition or disorder, providing that such 
communications shall not be privileged only with respect to issues involving the 
client's mental or emotional health. On granting of the order, the court, in 
determining the extent to which any disclosure of all or any part of any 
communication is necessary, shall impose appropriate safeguards against 
unauthorized disclosure; 
[(5) as to a communication or record relevant to an issue of the physical, 
mental, or emotional condition of a patient in any proceeding in which any party 
relies upon the condition as a part of the party's claim or defense; 
[(6) when the disclosure is relevant in any suit affecting the parent-child 
relationship; 
[(7) in any proceeding regarding the abuse or neglect, or the cause of any abuse 
or neglect of the resident of an "institution" as defined in the Texas Health 
and Safety Code, sec.242.002(6)]. 
(c) In civil proceedings, every effort should be made by the 
facility/<nl>SOCS/<ol> center to cooperate and work out an arrangement which is 
satisfactory to all concerned and which adequately protects the rights of the 
client. The facility/<nl>SOCS/ <ol> center should attempt to obtain the written 
consent of the client or person legally authorized to consent for the client if 
possible. If the facility/<nl>SOCS/<ol> center is unable to work out a 
satisfactory arrangement, then legal counsel should be contacted immediately and 
its advice sought concerning the proper manner in which to proceed. 
(d)-(f) (No change.) 

sec.403.306.Exhibits.
The following exhibits referenced in this subchapter are available from the 
Texas Department of Mental Health and Mental Retardation, Office of Policy 
Development, P.O. Box 12668, Austin, Texas 78711-2668.
(1) Exhibit A - [Texas Open Records Act, sec.3; 
[(2) Exhibit B - ]Sample Notice Form: Confidentiality of Records of Clients 
Receiving Chemical Dependency Services; and 
<nl>(2)<ol>[(3)] Exhibit 
<nl>B <ol> [C] - Authorization and Consent for the Disclosure of <nl>Clinical 
<ol> [Client] Record Information <nl>(Form MHRS 9-13)<ol>. 

sec.403.307.References.
Reference is made to the following state and federal statutes and rules of the 
department:
(l)  (No change.) 
(2) Texas Health and Safety Code, sec.sec.611.001- <nl> 611.008 <ol> [611.005]; 
(3) (No change.)
(4) Texas <nl>Government Code, Chapter 552<ol> [Civil Statutes, Article 6252-
17a];
(5)-(9) (No change.)
(10) Texas Rule of Civil Evidence, Rule 510(d); [and] 
(11) (No change.)
<nl>(12)<ol> <nl> Texas Health and Safety Code, Chapter 462, 574, 593, and 614; 
<ol>
<nl>(13) <ol> <nl> Medical Liability and Insurance Improvement Act, Texas Civil 
Statutes, Article 4590i, sec.4.01(e);<ol>
<nl>(14<ol>) <nl> Code of Criminal Procedure, Article 42.12, sec.9; and <ol>
<nl>(15) <ol> <nl> Texas Family Code, Chapter 264.<ol>

sec.403.308.Distribution.
(a) This subchapter shall be distributed to<nl>: <ol>
<nl>(1)<ol><nl>members of the Texas Board of Mental Health and Mental 
Retardation;<ol> 
<nl>(2)<ol> <nl> executive and program staff <ol>[deputy commissioners, 
assistant deputy commissioners, directors and section chiefs] of Central Office; 
and 
<nl>(3)<ol> <nl> CEOs <ol>[superintendents/directors/executive directors] of all 
TXMHMR facilities <nl>, state-operated community services (SOCS), 
<ol> and centers. 
(b) The <nl>CEO<ol> [superintendent/director/executive director] of each 
facility <nl>, SOCS,<ol> and [community] center shall disseminate the 
information contained herein to all appropriate staff members.
Issued in Austin, Texas, on June 25, 1996.
TRD-9609098
Ann Utley
Chairman, Texas MHMR Board
Texas Department of MHMR
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 206-4516

CHAPTER 406. ICF/MR Programs
SUBCHAPTER E. Eligibility and Review
25 TAC sec.406.211
(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 
Department of Mental Health and Mental Retardation or in the Texas Register 
Office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
the repeal of sec.406.211, governing eligibility and review. A new section would 
replace existing sec.406.211 of Chapter 406, Subchapter E, governing eligibility 
and review, which is proposed contemporaneously in this issue of the Texas 
Register. The proposed repeal would allow for the proposal of new sections 
governing eligibility and review. 
Don Green, chief financial officer, has determined that for each of the five-
years the proposed repeal is in effect there will be no significant fiscal 
impact on state and local government or small business. 
Ernest McKenney, director, Medicaid Administration, has determined that the 
public benefit anticipated will be clarification of the payment for absences 
from the facility procedures for the ICF/MR program. There is no anticipated 
economic cost to persons who are required to comply with the proposed new 
section as proposed. There will be no effect on small business. 
Comments on the proposal may be submitted to Linda Logan, director, Policy 
Development, Texas Department Mental Health and Mental Retardation, P.O. Box 
12668, Austin, Texas 78711-2668, within 30 days of publication. 
The section is proposed under the Health and Safety Code, sec.532.015(a), which 
provides the Texas Department Mental Health and Mental Retardation Board with 
broad rulemaking authority; and under the provisions of Texas Civil Statutes, 
Article 4413(502), sec.16, which provides the Texas Health and Human Services 
Commission with the authority to administer federal medical assistance funds. 
The section affects Texas Human Resources Code, sec.sec.32.001-322.040, and 
Texas Civil Statutes, Article 4413(502), sec.16.

sec.406.211. Payment for Absences from the Facility. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609108
Ann Utley
Chairman
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 206-4516

The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
new sec.406.211 of Chapter 406, Subchapter E, governing eligibility and review. 
The new sections would replace existing sec.406.211 of Chapter 406, Subchapter 
E, governing eligibility and review, which is proposed contemporaneously for 
repeal in this issue of the Texas Register. 
The proposed new section would modify the definition for therapeutic leave and 
extended therapeutic leave, add several new definitions, and improve the 
organization and readability. 
Don Green, chief financial officer, has determined that for each year of the 
five-year period the proposed new section is in effect there will be no 
significant fiscal impact on state and local government or small business. 
Ernest McKenney, director, Medicaid Administration, has determined that for each 
year of the first five years the new section is in effect the public benefit 
anticipated will be clarification of the payment for absences from the facility 
procedures for the ICF/MR program. There is no anticipated economic cost to 
persons who are required to comply with the proposed new section.
There will be no effect on small business. 
A public hearing will be held at 1:30 p.m. on July 30, 1996, in the auditorium 
of the main TDMHMR Central Office building at 909 West 45th Street in Austin to 
accept oral and written testimony concerning the proposed new section. If 
interpreters for the hearing impaired are required, please notify Laura Thomas 
at least 72 hours prior to the hearing by calling (512) 206-4516. Questions 
about the content of the proposal may be directed to Mr. McKenney. Written 
comments on the proposal may be sent to Linda Logan, director, Policy 
Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 
12668, Austin, Texas 78711-2668, within 30 days of publication. 
This section is proposed under the Texas Health and Safety Code, sec.532.015, 
which provides the Texas Mental Health and Mental Retardation Board with broad 
rulemaking authority, and under the provisions of Texas Civil Statutes, Article 
4413(502), sec.16, which provides the Texas Health and Human Services Commission 
with the authority to administer federal medical assistance funds. 
The section affects Texas Human Resources Code, sec.sec.32.001- 322.040, and 
Texas Civil Statutes, Article 4413(502), sec.16.

sec.406.211. Payment for Absences from the Facility. 
(a) Definitions. The following words and terms, when used in this subchapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
(1) Day - A 24-hour period extending from midnight to midnight. For counting 
days of absence from a facility, the first day is the first 24-hour period 
beginning at midnight after the individual's departure. 
(2) Extended therapeutic leave - An individual's absence from a facility for 
therapeutic purposes for a period of time greater than three days in duration. 
Leave(s) must not exceed ten cumulative days annually. Combinations of leave 
duration are allowable (e.g., leave combinations of five days and five days; six 
days and four days; or ten consecutive days). Extended therapeutic leave cannot 
be combined with the unlimited three day therapeutic leaves. 
(3) Therapeutic leave - An individual's absence from a facility for therapeutic 
purposes for not more than three consecutive days. The number of therapeutic 
leaves an individual may utilize is unlimited.
(4) Special Leave - An individual's absence from a facility for a special 
activity (e.g., Special Olympics, camping). 
(5) Facility - An intermediate care facility for persons with mentally retarded 
(ICF/MR). 
(6) Individual - A Medicaid recipient enrolled in the ICF/MR program and 
residing in a facility. 
(7) Absence - A period of time which an individual is not present in the 
residing facility. 
(8) TDHS - Texas Department of Human Services. 
(b) For all types of leave, the following must be met. 
(1) Facility staff must be available, by telephone or at the facility, to 
individuals during their absence, even if all residents of the facility are 
absent from the facility; and 
(2) Records must be available when the Texas Department of Mental Health and 
Mental Retardation (TDMHMR) or its authorized agent audits the facility to 
ensure the facility's documentation of all types of leave and verifies the 
facility's compliance with the provisions of the following subsections. 
(c) Payment criteria for the types of leave. 
(1) Therapeutic and Extended Therapeutic Leave. A facility may receive payment 
from TDMHMR or its authorized agent for days during which an individual is on 
therapeutic or extended therapeutic leave if the following criteria are met: 
(A) the individual's individual program plan (IPP)provides for therapeutic 
and/or extended therapeutic leave.
(B) the following information is documented on a Texas Department of Human 
Services (TDHS) Form 3659, "Record of Therapeutic Leaves": 
(i) the name of the individual taking the leave; 
(ii) authorization for the leave by the individual's qualified mental 
retardation professional (QMRP), subject to approval by the physician;
(iii) the date and time of the individual's departure from the facility; and 
(iv) the date and time of the individual's return to the facility.
(2) Extended Therapeutic Leave. For extended therapeutic leave, the individual, 
or a member of the individual's family or legal guardian, must set forth in 
writing specific dates for the individual's extended therapeutic leave. 
(A) When an extended therapeutic leave begins in one calendar year and extends 
into the next, it constitutes an extended therapeutic leave for the calendar 
year in which it began. 
(B) If an individual transfers into another facility within the same year he/she 
has taken all ten days of his/her extended leave, then the individual is not 
eligible for another extended therapeutic leave until the following year. 
(3) Special Leave. A facility receives payment from TDMHMR or its authorized 
agent for days during which an individual is on special leave if the following 
criteria are met: 
(A) the need to attend the special activity is documented in the individual's 
IPP; 
(B) sufficient facility staff is present at the special activity to meet the 
requirements for direct care staff set forth in 42 Code of Federal Regulations 
sec.483.430(d)(2); 
(C) the facility continues to incur the usual costs for caring for the 
individual including, but not limited to, the cost of meals, lodging, and staff; 
and 
(D) the facility continues to provide the individual the active treatment 
program specified in the individual's IPP. 
(4) Unauthorized Leave. A facility may not receive payment from TDMHMR or its 
authorized agent for days an individual is absent from the facility and: 
(A) the individual is receiving inpatient hospitalization;
(B) the individual has made an unauthorized departure from the facility; or 
(C) payment during the individual's absence is not authorized as a therapeutic, 
extended therapeutic, or special leave. 
(d) Bed Hold Charge Procedures. If an individual is absent from a facility for 
purposes other than therapeutic leave visits or special activity leave (as 
specified in (a)(2)-(4) of this section), the facility must discharge the 
individual by submitting a TDHS Form 3618 "Resident Transaction Notice." 
Additionally, the facility may choose to offer the individual a bed hold charge 
option. A facility may charge an individual or an individual's legal 
representative a bed hold charge during an individuals absence, if the following 
criteria are met: 
(1) the facility does not receive payment from TDMHMR or its authorized agent 
for days the facility charges to hold a bed for a resident;
(2) a written agreement, signed and dated by the facility's administrator or 
QMRP and the individual or the individual's legal representative, is executed 
for each absence; 
(3) the facility does not charge an amount which exceeds TDMHMR's rate of 
reimbursement for the individual's level-of-care at the time of the individual's 
departure from the facility; 
(4) the facility documents amounts charged to hold a bed in an individual's 
financial record at the time the bed is held; and 
(5) the facility complies with sec.406.253 of this title (relating to Protection 
of Funds) when it collects a bed hold charge from an individual's trust fund 
account.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609109
Ann Utley
Chairman
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 206-4516

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Department of Insurance
CHAPTER 3.Life, Accident and Health Insurance and Annuities 
SUBCHAPTER KK.Pharmaceutical Services
28 TAC sec.sec.3.11001-3.11005
The Texas Department of Insurance proposes new subchapter KK, sec.sec.3.11001-
3.11005 relating to pharmaceutical services. This new subchapter is necessary to 
implement amendments to the Insurance Code, Article 21.52B, enacted by the 74th 
Legislature, 1995, in Senate Bill 628, relating to access for consumers to 
pharmaceutical services through health insurance policies and managed care 
health plans. The sections are also necessary to address concerns that some 
insurers have established unreasonable application procedures for pharmacies or 
pharmacists who seek to participate as contract providers under a health 
insurance policy, including a health insurance policy that incorporates a 
preferred provider benefit plan. In addition, the new sections are necessary to 
enhance consumer access to pharmaceutical services, to promote consumer freedom 
of choice in selecting qualified pharmacists and to provide fairness to 
pharmacies and pharmacists by requiring the disclosure of information concerning 
insurer application procedures and requirements to pharmacies and pharmacists 
upon request, by requiring the timely notification by insurers of acceptance or 
non-acceptance to participate as a contract provider, by defining reasonable 
application fees and by requiring that insurers apply all contract conditions to 
pharmacies and pharmacists uniformly. Section 3.11001 sets forth the scope of 
the subchapter. Section 3.11002 provides definitions used in the sections. 
Section 3.11003 requires each insurer to provide, upon request, information 
concerning the application process and qualification requirements to become a 
participating pharmacy or pharmacist.
The section also requires an insurer to notify an applicant in writing of 
acceptance or non-acceptance as a contract provider no later than 90 days after 
receipt of an application. Section 3.11003 also requires periodic notification 
of pharmacies and pharmacists by insurers concerning opportunities to 
participate as contract providers. Section 3.11004 establishes criteria for 
reasonable fees for application and recertification, if any are charged, and 
prohibits an insurer from requiring financial information or the payment of 
compensation other than reasonable fees for application and recertification. 
Section 3.11005 requires insurers to apply all administrative, financial and 
professional conditions to all pharmacies and pharmacists uniformly and allows 
insurers to establish differential compensation or reimbursement rates for 
certain pharmaceutical services or products and, for purposes of enhancing 
access to pharmaceutical services, in certain counties. 
Tyrette Hamilton, deputy commissioner, life/health group, has determined that 
for each year of the first five years the sections are in effect, there will be 
no fiscal impact on state or local government as a result of enforcing or 
administering the sections. There will be no measurable effect on local 
employment or local economy. 
Ms. Hamilton has determined that for each year of the first five years the 
sections are in effect, the public benefits anticipated as a result of the 
sections will be a cost effective mechanism to assure greater access by 
consumers to pharmaceutical services through health insurance policies and to 
promote fairness for pharmacies and pharmacists who are interested in 
participating as contract providers. Ms. Hamilton estimates that for the first 
year that the sections are in effect, the costs to persons required to comply 
with the sections will range from $68,000 to $405,000. The only component of the 
proposed sections expected to result in costs to those required to comply is the 
requirement for insurers that are subject to the sections to provide 
notification by publication or in writing to pharmacies and pharmacists 
concerning opportunities to participate as contract providers. There will be no 
additional cost for all years after the first year. These cost estimates are 
based on estimated additional costs of $80 to $500 per insurer. There are 
approximately 850 insurers that incorporate pharmaceutical services as part of 
their benefit plans. The assumptions on which these costs are based may change 
substantially as the department receives data during the comment period. Because 
of the low additional cost of compliance to insurers, it is anticipated that 
there will be no adverse economic impact on small business.
Comments on the proposal must be submitted within 30 days after publication of 
the proposed sections in the Texas Register to Alicia M. Fechtel, Chief Clerk, 
Mail Code 113-1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 
78714-9104. An additional copy of the comment must be submitted to Tyrette 
Hamilton, Deputy Commissioner, Life/Health Group, Mail Code 106-1A, Texas 
Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any requests 
for a public hearing should be submitted separately to the Office of the Chief 
Clerk. 
The new sections are proposed under the Insurance Code, Articles 21.52B and 
1.03A. The Insurance Code, Article 21.52B, as amended by the 74th Legislature, 
1995, in Senate Bill 628, among other things, prohibits an insurer from limiting 
a beneficiary of a health insurance policy or plan from exercising freedom of 
choice in the selection of a pharmacy or pharmacist. The statute also prohibits 
an insurer from limiting provider participation as a contract provider for any 
pharmacy or pharmacist who meets the terms and requirements established by the 
insurer. Article 21.52B, as amended, also allows an insurer to establish 
reasonable application and recertification fees for a pharmacy which provides 
services as a contract provider, provided the fees are uniformly charged to each 
pharmacy. The Insurance Code Article, 1.03A provides that the Commissioner of 
Insurance may adopt rules and regulations to execute the duties and functions of 
the Texas Department of Insurance as authorized by statute. The Government Code, 
sec.sec.2001.004 et seq. authorizes and requires each state agency to adopt 
rules of practice setting forth the nature and requirement of available 
procedures and prescribes the procedures for adoption of rules by a state 
administrative agency. 
The following articles are affected by this proposal: Rule Number Statute 
sec.sec.3.11001-3.11005 Insurance Code, Article 21.52B.

sec.3.11001.Scope.
This subchapter applies to a health insurance policy, including a health 
insurance policy that incorporates a preferred provider benefit plan, issued, 
delivered, issued for delivery, entered into or renewed in this state in which 
an insurer provides benefits for pharmaceutical services under a contract or 
agreement entered into with a group contract holder or beneficiary of the policy 
and requires or encourages policy beneficiaries to use pharmaceutical services, 
pharmacies or pharmacists designated by the insurer.

sec.3.11002.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Health insurance policy-An individual, group, blanket, or franchise insurance 
policy, insurance policy or agreement, or group hospital service contract that 
provides benefits for pharmaceutical services that are necessary as a result of 
or to prevent an accident or sickness. The term does not include evidence of 
coverage provided by a health maintenance organization under the Health 
Maintenance Organization Act (the Insurance Code, Chapter 20A). The term 
includes a health insurance policy that incorporates a preferred provider 
benefit plan. Insurer-Any life, health and accident; health and accident; or 
health insurance company or company operating pursuant to the Insurance Code, 
Chapters 3, 10, 20, 22 and 26 authorized to issue, deliver, issue for delivery 
or renew in this state health insurance policies approved under the Insurance 
Code, Article 3.42.
Pharmaceutical services-Services, including dispensing prescription drugs as 
defined in the Pharmacy Act, Texas Civil Statutes, Article 4542a-1, sec.5, that 
are ordinarily and customarily rendered by a pharmacy or pharmacist licensed to 
practice pharmacy under the Pharmacy Act, Texas Civil Statutes, Article 4542a
Pharmacist-A person licensed to practice pharmacy under the Pharmacy Act, Texas 
Civil Statutes, Article 4542a-1.
Pharmacy-A facility licensed under the Pharmacy Act, Texas Civil Statutes, 
Article 4542a-1, sec.29, except for a Class E pharmacy license holder or a 
nonresident pharmacy license holder as defined in the Pharmacy Act, Texas Civil 
Statutes, Article 4542a-1, sec.5.

sec.3.11003.Notification and Information to Pharmacies and Pharmacists. 
(a) An insurer shall, upon request, provide information concerning the 
application process and qualification requirements for participation in 
providing pharmaceutical services under a health insurance policy. 
(b) An insurer must notify a pharmacy or pharmacist of acceptance or non-
acceptance of an application to participate as a contract provider under a 
health insurance policy, in writing, no later than 90 days from receipt of an 
application. 
(c) Within 60 days after the effective date of this subchapter, an insurer shall 
notify all pharmacies and pharmacists of the opportunities to participate as a 
contract provider under its health insurance policies by publication, or in 
writing to each pharmacy or pharmacist. Such notification to non-contracting 
pharmacies and pharmacists shall be provided on a yearly basis thereafter.

sec.3.11004.Pharmacy Application and Recertification.
(a) An insurer may establish reasonable application and recertification fees for 
each licensed pharmacy which participates or applies to participate as a 
contract provider under a health insurance policy. An application or 
recertification fee charged under this section shall be considered reasonable 
provided: 
(1) the fee does not exceed $200 per licensed pharmacy; 
(2) the fee shall be uniformly charged per application or recertification to 
each pharmacy holding a license issued by the Texas State Board of Pharmacy; 
(3) an insurer that contracts for the pharmaceutical services of more than one 
licensed pharmacy under common ownership or affiliation shall charge a separate 
fee for each licensed pharmacy; 
(4) no more than one fee per licensed pharmacy is charged by an insurer for 
processing an application for participation as a contract provider under all 
health insurance policies and in any or all networks utilized by the insurer; 
and 
(5) no more than one fee per licensed pharmacy is charged by a health 
maintenance organization or insurer within an insurance holding company system, 
as defined in Insurance Code, Article 21.49-1, sec.2, utilizing common networks. 
(b) An insurer shall not require any pharmacy or pharmacist participating or 
applying to participate as a contract provider under a health insurance policy: 
(1) to provide financial statements to the insurer; and 
(2) to deposit with the insurer any monies or other forms of compensation except 
for reasonable application fees.

sec.3.11005.Contracts for Pharmaceutical Services.
(a) An insurer must apply the same administrative, financial and professional 
conditions to all pharmacies and pharmacists participating or applying to 
participate as contract providers under a health insurance policy. 
(b) An insurer may establish differential compensation or reimbursement rates 
for the following pharmaceutical services or products as long as the rates are 
uniformly applied to pharmacies and pharmacists participating as contract 
providers under a health insurance policy: 
(1) compounding as defined under the Pharmacy Act, Texas Civil Statutes, Article 
4542a-1, sec.5; 
(2) dispensing of controlled substances as defined under the Pharmacy Act, Texas 
Civil Statutes, Article 4542a-1, sec.5; and 
(3) preparing and dispensing home intravenous therapies.
(c) In order to enhance accessibility to pharmaceutical services, an insurer may 
establish differential compensation or reimbursement rates for pharmaceutical 
services in counties with a population of less than 40,000 (as determined by the 
most recent published findings from the State Data Center of the Texas 
Department of Commerce) as long as the rates are uniformly applied within each 
county to pharmacies and pharmacists participating as contract providers under a 
health insurance policy. 
Issued in Austin, Texas, on June 18, 1996.
TRD-9609408
Alicia M. Fechtel
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-6327

CHAPTER 11.Health Maintenance Organizations
The Texas Department of Insurance proposes amendments to Chapter 11, concerning 
health maintenance organizations (HMOs), by amending sec.11.2 and sec.11.1402, 
and adding new sec.1.1404 and sec.1.1605. These amendments are necessary to 
implement amendments to the Insurance Code, Article 21.52B, enacted by the 74th 
Legislature, 1995, in Senate Bill 628, relating to access for consumers to 
pharmaceutical services through health insurance policies and managed care 
health plans, including HMOs. The amendments are also necessary to address 
concerns that some HMOs have established unreasonable application procedures for 
pharmacies or pharmacists who seek to participate as contract providers in an 
HMO delivery network. In addition, the amendments are necessary to enhance 
consumer access to pharmaceutical services, to promote consumer freedom of 
choice in selecting qualified pharmacists and to provide fairness to pharmacies 
and pharmacists by requiring that within 60 days after the effective date of 
these sections, HMOs must provide at least a twenty day open application period 
during which any pharmacy or pharmacist may apply to participate as an HMO 
network provider, by requiring HMOs to publish notice prior to the open 
application period, by defining reasonable application fees and by requiring 
that HMOs apply all contract conditions to pharmacies and pharmacists uniformly.  
Section 11.2(b), as amended, defines "pharmaceutical services", "pharmacist" and 
"pharmacy". These terms are necessary to clarify the meaning of these 
amendments. New sec.11.1402(e) provides that within 60 days after the effective 
date of subsection (e) HMOs must establish a twenty calendar day open 
application period for pharmacies and pharmacists and requires HMOs to publish 
notice for the open application period in the public notice section of at least 
one major newspaper with general circulation in each of the HMO's service areas. 
New sec.11.1404 establishes criteria for reasonable fees for application and 
recertification, if any are charged, and prohibits an HMO from requiring 
financial information or the payment of compensation other than reasonable fees 
for application and recertification. New sec.11.1605 requires HMOs to apply all 
administrative, financial and professional conditions to all pharmacies and 
pharmacists uniformly; allows HMOs to establish differential compensation or 
reimbursement rates for certain pharmaceutical services or products, and for 
purposes of enhancing access to pharmaceutical services in certain counties; and 
prohibits an HMO from charging a copayment and a differential between the cost 
of a brand name prescription drug and a generic equivalent prescription drug if 
the prescription indicates that the drug must be dispensed as written. 
Leah Rummel, deputy commissioner, HMO/URA group, has determined that for each 
year of the first five years the sections are in effect, there will be no fiscal 
impact on state or local government as a result of enforcing or administering 
the sections. There will be no measurable effect on local employment or local 
economy. 
Ms. Rummel has determined that for each year of the first five years the 
sections are in effect, the public benefits anticipated as a result of the 
sections will be a cost effective mechanism to assure greater access by 
consumers to pharmaceutical services through HMOs and to promote fairness for 
physicians and providers who are interested in participating in HMO delivery 
networks.
Ms. Rummel estimates that for the first year that the sections are in effect, 
the costs to persons required to comply with the sections will range from $6480 
to $330,000. The only component of the proposed sections expected to result in 
costs to those required to comply is the requirement for HMOs which are subject 
to the sections to publish a notice in the public notice section of at least one 
major newspaper with general circulation in each of the HMO's service areas for 
at least three consecutive days prior to the open application period established 
by these sections for pharmacies and pharmacists for HMOs. There will be no 
additional cost for all years after the first year. These cost estimates are 
based on estimated additional costs of $120 to $5,000 per licensed HMO. There 
are currently 54 licensed HMOs and 12 pending applications. The assumptions on 
which these costs are based may change substantially as the department receives 
data during the comment period. Because of the low additional cost of compliance 
to HMOs, it is anticipated that there will be no adverse economic impact on 
small business. 
Comments on the proposal must be submitted within 30 days after publication of 
the proposed sections in the Texas Register to Alicia M. Fechtel, Chief Clerk, 
Mail Code 113-1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 
78714-9104. An additional copy of the comments must be submitted to Leah Rummel, 
Deputy Commissioner, HMO/URA Group, Mail Code 106-3A, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any requests for a public 
hearing should be submitted separately to the Office of the Chief Clerk. 

SUBCHAPTER A.General Provisions
28 TAC sec.11.2
The amendments are proposed under the Insurance Code, Articles 20A.22; 21.52B; 
20A.14(g) and (h); and 1.03A. The Insurance Code, Article 20A.22 provides that 
the department may promulgate such reasonable rules and regulations as are 
necessary and proper to carry out the provisions of the Texas HMO Act. Article 
21.52B, as amended by the 74th Legislature, 1995, in Senate Bill 628 relating to 
access to pharmaceutical services through certain managed care health plans, 
prohibits an HMO from limiting provider participation in an HMO delivery network 
by any pharmacy or pharmacist who meets the terms and requirements established 
by the HMO. Article 21.52B, as amended, also allows an HMO to establish 
reasonable application and recertification fees for a pharmacy which provides 
services as a network provider under an HMO health care plan, provided that the 
fees are uniformly charged to each pharmacy. Article 20A.14(g), as amended by 
enactment of the 74th Legislature, 1995, in Senate Bill 628, provides that no 
type of provider may be denied participation to provide health care services 
which are delivered by the HMO and which are within the scope of licensure or 
authorization of the type of provider on the sole basis of type of license or 
authorization; allows HMOs to set terms and conditions under which health care 
services will be rendered by providers; and establishes that providers must 
comply with the terms and conditions established by the HMO for the provision of 
health care services and for designation as a provider. Article 20A.14(h) 
establishes that an HMO that provides coverage through one or more providers or 
physicians who are not partners or employees of the HMO or one or more providers 
or physicians that are not owned or operated by the HMO shall provide a 20 
calendar day period each calendar year during which any provider or physician in 
the geographic service area may apply to participate in the provision of health 
care services or medical care under the terms and conditions established by the 
HMO. Article 1.03A provides that the Commissioner of Insurance may adopt rules 
and regulations to execute the duties and functions of the Texas Department of 
Insurance only as authorized by statute. The Government Code, sec.sec.2001.004 
et seq authorizes and requires each state agency to adopt rules of practice 
setting forth the nature and requirement of available procedures and prescribes 
the procedures for adoption of rules by a state
administrative agency. 
The following articles are affected by this proposal: Articles 21.52B; 
20A.14(g); 20A.14(h); 20A.22 and 1.03A 

sec.11.2.Definitions.
(a) (No change.) 
(b) The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
(1)-(16) (No change.) 
<nl>(17)<ol> Pharmaceutical services - Services, including dispensing 
prescription drugs, as defined in the Pharmacy Act, Texas Civil Statutes, 
Article 4542a-1, sec.5, that are ordinarily and customarily rendered by a 
pharmacy or pharmacist licensed to practice pharmacy under the Pharmacy Act, 
Texas Civil Statutes, Article 4542a-1. 
<nl>(18)<ol> Pharmacist - A person licensed to practice pharmacy under the 
Pharmacy Act, Texas Civil Statutes, Article 4542a-1. 
<nl>(19)<ol> Pharmacy - A facility licensed under the Pharmacy Act, Texas Civil 
Statutes, Article 4542a-1, sec.29, except for a Class E pharmacy license holder 
or a nonresident pharmacy license holder as defined in the Pharmacy Act, Texas 
Civil Statutes, Article 4542a-1, sec.5.
<nl>(20)<ol> [(17)] Physician - Consists of the following: 
(A) an individual licensed to practice medicine in this state;
(B) a professional association organized under the Texas Professional 
Association Act (Article 1528f, Vernon's Texas Civil Statutes) or a nonprofit 
health corporation certified under Section 5.01, Medical Practice Act (Article 
4495b, Vernon's Texas Civil Statutes); or 
(C) another person, as defined in paragraph (16) of this subsection, wholly 
owned by physicians.
<nl>(21)<ol>[(18)] Premium - The prospectively determined <nl>charge<ol>[rate, 
based on the capitation], that is paid by or on behalf of a subscriber for 
specified health services.
<nl>(22)<ol>[(19)] Primary care physician or primary care provider - A physician 
or provider who is responsible for providing initial and primary care to 
patients, maintaining the continuity of patient care, and initiating referral 
for care.
<nl>(23)<ol>[(20)] Primary HMO - An HMO that contracts directly with, and issues 
an evidence of coverage to, individuals or organizations for the primary HMO to 
arrange for or provide a health care plan or a single health care service plan 
to enrollees on a prepaid basis.
<nl>(24)<ol>[(21)] Prospective Enrollee - In the case of a member of a group, an 
HMO, an individual eligible for enrollment in an HMO purchased through that 
individual's group. In the case of an individual who is not a member of a group 
or whose group has not purchased or does not intend to purchase an HMO plan, 
"prospective enrollee" means an individual who has expressed an interest in 
purchasing individual HMO coverage and who is eligible for coverage by the HMO.
<nl>(25)<ol>[22] Provider - Consists of the following: 
(A) any person, as defined in paragraph (16) of this subsection, other than a 
physician, including a licensed doctor of chiropractic, registered nurse, 
pharmacist, optometrist, pharmacy, hospital, or other institution or 
organization or person that is licensed or otherwise authorized to provide a 
health care service in this state; 
(B) a person, as defined in paragraph (16) of this subsection, who is wholly 
owned or controlled by a provider or by a group of providers who are licensed to 
provide the same health care service; or 
(C) a person, as defined in paragraph (16) of this subsection, who is wholly 
owned or controlled by one or more hospitals and physicians, including a 
physician-hospital organization.
<nl>(26)<ol>[(23)] Provider HMO - An HMO that contracts directly or indirectly, 
through contracts or subcontracts, with a primary HMO to provide or arrange to 
provide health care services on behalf of the primary HMO within an HMO delivery 
network.
<nl>(27)<ol>[(24)] Qualified HMO - An entity which has been federally approved 
under Title XIII of the Public Health Service Act, Public Law 93-222, as 
amended.
<nl>(28)<ol>[(25)] Rules - All sections under this chapter.
<nl>(29)<ol>[(26)] Schedule of charges - The specific rates or premiums to be 
charged for a single enrollee, a two-member family, three-member family, etc.
<nl>(30)<ol>[(27)] Service area - The geographical area within which direct 
service benefits are available and accessible to HMO enrollees.
<nl>(31)<ol>[(28)] Subscriber - If nongroup coverage, the person who is the 
policyholder and is responsible for payment of premiums to the HMO; or if group 
coverage, the person who is the certificate holder and whose employment or other 
status, except for family dependency, is the basis for eligibility for 
membership in the HMO.
<nl>(32)<ol>[(28)] Surplus - The admitted assets minus uncovered liabilities.
Issued in Austin, Texas, on June 26, 1996. 
TRD-9609406
Alicia M. Fechtel
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-6327

SUBCHAPTER O.Administrative Procedures
28 TAC sec.11.1402, sec.11.1404
The amendments are proposed under the Insurance Code, Articles 20A.22; 21.52B; 
20A.14(g) and (h); and 1.03A. The Insurance Code, Article 20A.22 provides that 
the department may promulgate such reasonable rules and regulations as are 
necessary and proper to carry out the provisions of the Texas HMO Act. Article 
21.52B, as amended by the 74th Legislature, 1995, in Senate Bill 628 relating to 
access to pharmaceutical services through certain managed care health plans, 
prohibits an HMO from limiting provider participation in an HMO delivery network 
by any pharmacy or pharmacist who meets the terms and requirements established 
by the HMO. Article 21.52B, as amended, also allows an HMO to establish 
reasonable application and recertification fees for a pharmacy which provides 
services as a network provider under an HMO health care plan, provided that the 
fees are uniformly charged to each pharmacy. Article 20A.14(g), as amended by 
enactment of the 74th Legislature, 1995, in Senate Bill 628, provides that no 
type of provider may be denied participation to provide health care services 
which are delivered by the HMO and which are within the scope of licensure or 
authorization of the type of provider on the sole basis of type of license or 
authorization; allows HMOs to set terms and conditions under which health care 
services will be rendered by providers; and establishes that providers must 
comply with the terms and conditions established by the HMO for the provision of 
health care services and for designation as a provider. Article 20A.14(h) 
establishes that an HMO that provides coverage through one or more providers or 
physicians who are not partners or employees of the HMO or one or more providers 
or physicians that are not owned or operated by the HMO shall provide a 20 
calendar day period each calendar year during which any provider or physician in 
the geographic service area may apply to participate in the provision of health 
care services or medical care under the terms and conditions established by the 
HMO. Article 1.03A provides that the Commissioner of Insurance may adopt rules 
and regulations to execute the duties and functions of the Texas Department of 
Insurance only as authorized by statute. The Government Code, sec.sec.2001.004 
et seq authorizes and requires each state agency to adopt rules of practice 
setting forth the nature and requirement of available procedures and prescribes 
the procedures for adoption of rules by a state administrative agency. 
The following articles are affected by this proposal: Articles 21.52B; 
20A.14(g); 20A.14(h); 20A.22 and 1.03A

sec.11.1402.Notification to Providers.
(a)-(d) (No change.) 
<nl>(e)<ol> Within 60 days after the effective date of this subsection, each HMO 
subject to the requirements of the Texas Insurance Code, Article 21.52B, as 
amended, shall provide at least a 20 calendar day open application period during 
which any pharmacy or pharmacist may apply to participate as a provider in the 
HMO's delivery network in accordance with the requirements of the Insurance 
Code, Article 21.52B, as amended, and sec.11.1402, as amended, and sec.11.1605 
of this chapter. Within the ten day period immediately prior to the first day of 
the open application period, each HMO shall publish a notice for at least three 
consecutive days in the public notice section of at least one major newspaper 
with general circulation in each of the HMO's geographic service areas.

sec.11.1404.Pharmacy Application and Recertification. 
(a) An HMO subject to the requirements of the Texas Insurance Code, Article 
21.52B, as amended, may establish reasonable application and recertification 
fees for each licensed pharmacy which participates or applies to participate as 
a contract provider in an HMO delivery network. 
(b) An application or recertification fee charged under this section shall be 
considered reasonable provided: 
(1) the fee does not exceed $200 per licensed pharmacy; 
(2) the fee shall be uniformly charged per application or recertification to 
each pharmacy holding a license issued by the Texas State Board of Pharmacy; 
(3) an HMO that contracts for the pharmaceutical services of more than one 
licensed pharmacy under common ownership or affiliation shall charge a separate 
fee for each licensed pharmacy; 
(4) no more than one fee per licensed pharmacy is charged by an HMO for 
processing an application or recertification for participation as a contract 
provider under more than one group or individual contract or in more than one 
HMO delivery network; and 
(5) no more than one fee per licensed pharmacy is charged by any HMO or insurer 
within the same insurance holding company system, as defined in the Insurance 
Code, Article 21.49-1, sec.2, utilizing common networks. 
(c) An HMO shall not require any pharmacy or pharmacist participating or 
applying to participate as a contract provider in an HMO delivery network:
(1) to provide financial statements to the HMO; and 
(2) to deposit with the HMO any monies or other form of consideration, except 
for reasonable application fees.
Issued in Austin, Texas, on June 26, 1996. 
TRD-9609405
Alicia M. Fechtel
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-6327

SUBCHAPTER Q.Other Requirements
28 TAC sec.11.1605
The amendments are proposed under the Insurance Code, Articles 20A.22; 21.52B; 
20A.14(g) and (h); and 1.03A. The Insurance Code, Article 20A.22 provides that 
the department may promulgate such reasonable rules and regulations as are 
necessary and proper to carry out the provisions of the Texas HMO Act. Article 
21.52B, as amended by the 74th Legislature, 1995, in Senate Bill 628 relating to 
access to pharmaceutical services through certain managed care health plans, 
prohibits an HMO from limiting provider participation in an HMO delivery network 
by any pharmacy or pharmacist who meets the terms and requirements established 
by the HMO. Article 21.52B, as amended, also allows an HMO to establish 
reasonable application and recertification fees for a pharmacy which provides 
services as a network provider under an HMO health care plan, provided that the 
fees are uniformly charged to each pharmacy. Article 20A.14(g), as amended by 
enactment of the 74th Legislature, 1995, in Senate Bill 628, provides that no 
type of provider may be denied participation to provide health care services 
which are delivered by the HMO and which are within the scope of licensure or 
authorization of the type of provider on the sole basis of type of license or 
authorization; allows HMOs to set terms and conditions under which health care 
services will be rendered by providers; and establishes that providers must 
comply with the terms and conditions established by the HMO for the provision of 
health care services and for designation as a provider. Article 20A.14(h) 
establishes that an HMO that provides coverage through one or more providers or 
physicians who are not partners or employees of the HMO or one or more providers 
or physicians that are not owned or operated by the HMO shall provide a 20 
calendar day period each calendar year during which any provider or physician in 
the geographic service area may apply to participate in the provision of health 
care services or medical care under the terms and conditions established by the 
HMO. Article 1.03A provides that the Commissioner of Insurance may adopt rules 
and regulations to execute the duties and functions of the Texas Department of 
Insurance only as authorized by statute. The Government Code, sec.sec.2001.004 
et seq authorizes and requires each state agency to adopt rules of practice 
setting forth the nature and requirement of available procedures and prescribes 
the procedures for adoption of rules by a state administrative agency. 
The following articles are affected by this proposal: Articles 21.52B; 
20A.14(g); 20A.14(h); 20A.22 and 1.03A

sec.11.1605.Contracts for Pharmaceutical Services. 
(a) An HMO must apply the same administrative, financial, and professional 
conditions to all pharmacies and pharmacists participating or applying to 
participate as contract providers in an HMO delivery network.
(b) An HMO may establish differential compensation or reimbursement rates for 
the following pharmaceutical services and products, as long as rates are 
uniformly applied to pharmacies and pharmacists participating as contract 
providers in an HMO delivery network: 
(1) compounding as defined under the Pharmacy Act, Texas Civil Statutes, Article 
4542a-1, sec.5; 
(2) dispensing of controlled substances as defined under the Pharmacy Act, Texas 
Civil Statutes, Article 4542a-1, sec.5; and 
(3) preparing and dispensing home intravenous drug therapies.
(c) In order to enhance accessibility to pharmaceutical services, an HMO may 
establish differential compensation or reimbursement rates for pharmaceutical 
services in counties with a population of less than 40,000 (as determined by the 
most recent published findings from the State Data Center of the Texas 
Department of Commerce) as long as the rates are uniformly applied within each 
county to pharmacies and pharmacists participating as contract providers in an 
HMO delivery network. 
(d) An HMO shall not charge a copayment higher than the copayment charged for 
the generic equivalent of a prescription drug and the differential between the 
cost of a brand name prescription drug and a generic equivalent of the 
prescription drug if the prescription indicates that the drug must be dispensed 
as written. 
Issued in Austin, Texas, on June 26, 1996.
TRD-9609407
Alicia M. Fechtel
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: August 5, 1996
For further information, please call: (512) 463-6327

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 238.Water Well Drillers Rules
Editor's Note: Due to an error by the Texas Register the following rules were 
inadvertently left out of the July 2, 1996 issue of the Texas Register. We 
apologize for any inconvenience.
The Texas Natural Resource Conservation Commission (TNRCC or commission) 
proposes new sec.sec.238.1, 238.2, 238.31, 238.32, 238.41-238.51, 238.60, 
238.61, 238.70 and 238.80-238.83, concerning well drillers and water well pump 
installers, which will contain essentially the same requirements as Chapter 338 
with modifications as stated below. 
The purpose of this repeal and new chapter is to achieve consistency in the 
numbering system for rules concerned primarily with the protection of water 
quality and to update this chapter to allow the use of new and proven technology 
for well drilling, pump installation, and well plugging without requiring 
owners/operators to obtain a variance from the current rule requirements. The 
requirements of sec.338.91-338.99 will not be adopted into the new Chapter 238 
as they are redundant sections which are duplicated in this title. The proposed 
new sec.238.1, Purpose of Rules, states the purpose and objectives of these 
rules, which is to establish the level of groundwater quality, to control and 
protect the quality of the underground water, and to promulgate procedures and 
standards for plugging wells. 
The proposed new sec.238.2, Definitions of Terms, lists definitions of words and 
phrases used in the text of the rules. Definitions for the following words and 
phrases are proposed to be added to those previously existing in sec.338.2: 
atmospheric barrier, bentonite, bentonite grout, chemigation, completed 
monitoring well, completed to produce undesirable water, constituents, council, 
dam, easy access, Edwards Aquifer Authority, environmental soil borings, 
flapper, foreign substance, freshwater, granular sodium bentonite, installer, 
irrigation distribution system, licensed installer, person, piezometer, 
piezometer well, pump installation, qualified groundwater scientist, recovery 
well, sanitary well seal, subsidence district, underground water conservation 
district, and well pumps and equipment. Definitions of the following words are 
proposed to be amended: capped well, casing, examination fee, licensed driller, 
license fee, monitoring well, public water system, renewal fee, undesirable 
water, Water Well Drillers Board, well, and well log. The definition of "Board" 
is proposed to be deleted. 
The proposed new sec.238.31, Reporting of Logs, would establish procedures for 
reporting the drilling of wells. The requirements of the repealed sec.338.31 are 
modified to refer to well logs as well reports and drillers will be required to 
submit them to both the commission and the local underground water conservation 
district. 
The proposed new sec.238.32, Reporting Undesirable Water, would establish 
procedures for reporting undesirable water or constituents. In addition to the 
requirements of the repealed sec.338.32, language is added that would require 
the driller report encountering undesirable water or constituents to the local 
underground water conservation district. 
The proposed new sec.238.41, Responsibility, would establish timelines for 
proper notification and completion responsibilities for drillers and landowners 
in the event a landowner denies the driller access to the well to complete the 
project to standards established in this chapter. The responsibility for 
completion of the project would then be assumed by the landowner or person 
authorizing the well work within 10 days of notification by the executive 
director. 
The proposed new sec.238.42, Standards of Completion for Public Water System 
Wells, would require that public water system wells must be completed in 
accordance with Chapter 290 of this title and would establish circumstances 
under which a driller may have a complaint filed against him/her for failure to 
meet existing rules and regulations under Chapter 290 of this title or any other 
local or regional regulations. 
The proposed new sec.238.43, Location of Dewatering, Monitoring, Domestic, 
Industrial, Injection, and Irrigation Wells, would establish location standards 
and setback requirements for wells including setbacks from property lines. The 
requirements of the repealed sec.338.43 are modified to require that water wells 
located within public well sanitary easements be constructed to public well 
standards. 
The proposed new sec.238.44, Standards of Completion for Dewatering, Monitoring, 
Domestic, Industrial, Injection, and Irrigation Wells, would establish minimum 
annular space dimensions, approve the use of granular sodium bentonite as a 
sealing material, provide that sealing material be emplaced under pressure when 
setback encroachments are necessary, define timeframes and standards of 
completion for temporary monitor wells, establish driller responsibility for 
fluids/spoils containment from adjacent properties and surface water, and 
outline well disinfection requirements along with allowable exceptions.  
The proposed new sec.238.45, Standards of Completion for Water Wells 
Encountering Undesirable Water, would clarify that in addition to some water 
bearing zones, some constituent zones are also considered undesirable and in 
such situations what completion standards these well must meet to prevent the 
commingling of water that differ in quality. 
The proposed new sec.238.46, Standards for Wells Producing Undesirable Water, 
would establish standards for the operation of wells that produce undesirable 
water or constituents to prevent the mixing with fresh water or leakage onto the 
land surface. 
The proposed new sec.238.47, Recompletions, would allow local Underground Water 
Conservation Districts, as well as the executive director, to require the well 
owner to properly prevent the mixing of undesirable and fresh water, or the 
unwanted loss of water. 
The proposed new sec.238.48, Well Plugging and Capping, would establish 
responsibilities for the plugging of wells. New language added to that in the 
repealed sec.338.48 would establish driller/pump installer responsibilities for 
capping both new wells and wells which are under repair. 
The proposed new sec.238.49, Standards for Plugging Wells, would establish 
plugging and capping standards for wells that are no longer in use and adds 
granular sodium bentonite with a minimum size of 3/8" as an approved sealing 
material under specified conditions. 
The proposed new sec.238.50, Standards for Plugging Wells that Penetrate 
Undesirable Water Zones, would add granular sodium bentonite with a minimum size 
of 3/8" as an approved sealing material in certain zones of wells that penetrate 
undesirable water or constituents in addition to the requirements contained in 
the repealed sec.338.50. 
The proposed new sec.238.51, Standards For all Water Wells Drilled Before June 
1, 1983 would establish conditions under which this chapter will be applicable 
to wells drilled prior to June 1, 1983 and specific applicable recompletion 
standards. 
The proposed new sec.238.60, Water Distribution and Delivery Systems, would  
require buried discharge lines between the pump discharge and pressure system to 
be equipped with check valve and/or air gap protection from backflow. Standards 
for venting wells are provided also. 
The proposed new sec.238.61, Chemical Injection, Chemigation, and Foreign 
Substance Systems, would establish notification responsibilities, as well as, 
standards and timelines for compliance with installation of in-line check valves 
when any chemicals or foreign substances are injected into an irrigation 
distribution system or water distribution and delivery system. The installation 
of check valves on existing wells used for chemigation is necessary to prevent 
backflow and contamination of the water source. 
The proposed new sec.238.70, Pump Installation, would establish health and 
safety practices for pump removal, installation, disinfection, or maintenance, 
and outlines allowable exceptions. 
The proposed new sec.238.80, Minimum Standards, specifies circumstances in which 
alternate methods, other than those prescribed in sec.sec.238.41 - 238.51 of 
this chapter, can be used to drill, deepen, or alter a well with prior 
commission approval. 
The proposed new sec.238.81, Field Inspection, would establish the authority of 
the executive director to conduct field inspection of well drilling, capping, 
plugging or completion operations. 
The proposed ne