reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter H. Public Practice of Geoscience › Section 1002.353. Advisory Opinions

Sec. 1002.353.  ADVISORY OPINIONS.  (a)  On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion regarding:
(1)  an interpretation of this chapter; or
(2)  the application of this chapter to a person with respect to a specified existing or hypothetical factual situation.
(b)  The board shall respond to a request for an opinion not later than the 180th day after the date the request is submitted to the board unless the board affirmatively states the board's reason for not responding to the request within that period or not responding to the request at all.
(c)  The board shall:
(1)  number and classify each advisory opinion issued under this subchapter; and
(2)  annually compile a summary of the opinions in a single document that is available on the Internet.
(d)  The authority of the board to issue an advisory opinion under this subchapter does not affect the authority of the attorney general to issue an opinion as authorized by law.
(e)  It is a defense to prosecution or to imposition of an administrative penalty that a person reasonably relied on a written advisory opinion of the board relating to:
(1)  the provision of the law the person is alleged to have violated; or
(2)  a fact situation that is substantially similar to the fact situation in which the person is involved.
Added by Acts 2009, 81st Leg., R.S., Ch. 504 (S.B. 940), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter I. License Denial and Disciplinary Procedures › Section 1002.401. Denial of License

Sec. 1002.401.  DENIAL OF LICENSE.  (a)  The board may deny a license:
(1)  to an applicant who fails to satisfy a requirement of this chapter;  or
(2)  on a determination by the board that there is probable cause to believe that an applicant has violated:
(A)  this chapter;
(B)  a provision of this chapter to which a license holder would be subject;  or
(C)  a comparable provision in the licensing or registration law of another state.
(b)  The board may not issue a license pending the disposition of a complaint alleging a violation in this or another state if the board has notice of the alleged violation.
(c)  The board shall notify an applicant who is denied a license of the reason for denial in writing not later than the 30th day after the date of the board's decision.  Not later than the 30th day after the date of receipt of the notice, the applicant may make a written request for a hearing.  In the absence of a request for a hearing, the board's action is final.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter I. License Denial and Disciplinary Procedures › Section 1002.402. Grounds for Disciplinary Action

Sec. 1002.402.  GROUNDS FOR DISCIPLINARY ACTION.  The board may impose appropriate sanctions for:
(1)  the practice of fraud or deceit in obtaining a license as a geoscientist;
(2)  incompetence, misconduct, fraud, gross negligence, or repeated incidents of negligence in the public practice of geoscience;
(3)  conviction of a license holder of a crime involving moral turpitude or a felony;
(4)  the imposition of an administrative or civil penalty or a criminal fine, or imprisonment or probation instead of a fine, for a misdemeanor relating to or arising out of the public practice of geoscience;
(5)  the issuance of a cease and desist order or a similar sanction relating to or arising out of the public practice of geoscience;
(6)  using the seal of another license holder or using or allowing the use of the license holder's seal on geoscientific work not performed by or under the supervision of the license holder;
(7)  aiding or abetting a person in a violation of this chapter;
(8)  the revocation or suspension of a license, the denial of renewal of a license, or other disciplinary action taken by a state agency, board of registration, or similar licensing agency for geoscientists or a profession or occupation related to the public practice of geoscience;
(9)  practicing or offering to practice geoscience or representing to the public that the person or the person's firm or corporation is licensed or qualified to practice geoscience if the person is not licensed under this chapter or the person's firm or corporation does not employ a licensed geoscientist as required under this chapter;  or
(10)  violating this chapter, a rule adopted under this chapter, including the code of professional conduct, or a comparable provision of the laws or rules regulating the practice of geoscience in another state or country.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter I. License Denial and Disciplinary Procedures › Section 1002.403. Disciplinary Actions

Sec. 1002.403.  DISCIPLINARY ACTIONS.  (a)  The board may take the following disciplinary actions:
(1)  refuse to issue or renew a license;
(2)  permanently revoke a license;
(3)  suspend a license for a specified time, not to exceed three years, to take effect immediately notwithstanding an appeal if the board determines that the license holder's continued practice constitutes an imminent danger to the public health, safety, or welfare;
(4)  issue a public or private reprimand to an applicant, a license holder, or an individual, firm, or corporation practicing geoscience under this chapter;
(5)  impose limitations, conditions, or restrictions on the practice of an applicant, a license holder, or an individual, firm, or corporation practicing geoscience under this chapter;
(6)  require that a license holder participate in a peer review program under rules adopted by the board;
(7)  require that a license holder obtain remedial education and training prescribed by the board;
(8)  impose probation on a license holder requiring regular reporting to the board;
(9)  require restitution, in whole or in part, of compensation or fees earned by a license holder, individual, firm, or corporation practicing geoscience under this chapter;
(10)  impose an appropriate administrative penalty as provided by Subchapter J for a violation of this chapter or a rule adopted under this chapter on a license holder or a person who is not licensed and is not exempt from licensure under this chapter;  or
(11)  issue a cease and desist order.
(b)  The board may not impose a sanction for a ground described by Section 1002.402(8) that exceeds in severity or duration the sanction on which the board's action is based.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter I. License Denial and Disciplinary Procedures › Section 1002.404. Right to Hearing

Sec. 1002.404.  RIGHT TO HEARING.  A person is entitled to a hearing before the board may suspend or revoke the person's license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter I. License Denial and Disciplinary Procedures › Section 1002.405. Reinstatement

Sec. 1002.405.  REINSTATEMENT.  (a)  On application, the board may reinstate a license to engage in the public practice of geoscience to a person whose license has been revoked if a majority of the entire board votes in favor of the reinstatement.
(b)  As a condition for reinstatement, the board may:
(1)  review the applicant's qualifications and experience;
(2)  require continuing professional education;
(3)  conduct a reexamination on a periodic or other basis;  or
(4)  require other evidence of the competence of the applicant.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.451. Imposition of Penalty

Sec. 1002.451.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty against a person licensed under this chapter or any other person who violates this chapter or a rule adopted or order issued under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.452. Amount of Penalty

Sec. 1002.452.  AMOUNT OF PENALTY.  (a)  The board may include in the amount of the administrative penalty the actual costs of investigating and prosecuting the violation.
(b)  The amount of the penalty may not exceed $1,500 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(c)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of any prohibited acts;  and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts or resistance to efforts to correct the violation;  and
(6)  any other matter that justice may require.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.453. Administrative Procedure

Sec. 1002.453.  ADMINISTRATIVE PROCEDURE.  (a)  The board shall adopt rules of procedure for the imposition of an administrative penalty.
(b)  Rules adopted under this section must conform to the requirements of Chapter 2001, Government Code.
(c)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.454. Options Following Final Order: Pay or Appeal

Sec. 1002.454.  OPTIONS FOLLOWING FINAL ORDER:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond approved by the court for the amount of the penalty that is effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  On receipt of a copy of an affidavit under Subsection (b)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.455. Collection of Penalty

Sec. 1002.455.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.456. Judicial Review

Sec. 1002.456.  JUDICIAL REVIEW.  The order of the board is subject to judicial review.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter J. Administrative Penalty › Section 1002.457. Remittance of Penalty and Interest

Sec. 1002.457.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.  If the court does not sustain the occurrence of the violation, the court shall order that a penalty is not owed.
(b)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond if the penalty is not imposed or order the release of the bond after the person pays the penalty if the person posted a supersedeas bond.
(c)  Interest accrues under Subsection (b)(1) at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle A - Regulation of Engineering and Related Practices › Chapter 1002 - Geoscientists › Subchapter K. Other Enforcement Provisions › Section 1002.501. Injunction

Sec. 1002.501.  INJUNCTION.  The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter A. General Provisions › Section 1051.0015. Purpose of Registration Requirement

Sec. 1051.0015.  PURPOSE OF REGISTRATION REQUIREMENT.  The purpose of Section 1051.701(a) is to:
(1)  safeguard life, health, property, and the public welfare;  and
(2)  protect the public against the irresponsible practice of architecture.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.051, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter A. General Provisions › Section 1051.002. Effect on Municipality

Sec. 1051.002.  EFFECT ON MUNICIPALITY.  This subtitle does not:
(1)  preempt a municipal ordinance;  or
(2)  restrict or expand the authority of a municipality.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter A. General Provisions › Section 1051.003. Application of Sunset Act

Sec. 1051.003.  APPLICATION OF SUNSET ACT.  The Texas Board of Architectural Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2033.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.004 and amended by Acts 2003, 78th, ch. 331, Sec. 1.04, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.06, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.15, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.101. Board Membership

Sec. 1051.101.  BOARD MEMBERSHIP.  (a)  The Texas Board of Architectural Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  four architect members registered under this chapter;
(2)  one interior designer member registered under Chapter 1053;
(3)  one landscape architect member registered under Chapter 1052;  and
(4)  three members who represent the public, at least one of whom is a person with a physical disability.
(b)  Not more than one board member may be:
(1)  a stockholder or owner of an interest in a school or college that teaches architecture, interior design, or landscape architecture;  or
(2)  a full-time member of the faculty or administration of the architecture, interior design, or landscape architecture department of a school or college whose position is the primary employment of the board member.
(c)  Except as provided by Subsection (a)(4), appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.06, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.102. Eligibility of Public Members

Sec. 1051.102.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of architecture, interior design, or landscape architecture;
(2)  is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board;  or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.103. Membership and Employee Restrictions

Sec. 1051.103.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of architecture, interior design, or landscape architecture;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of architecture, interior design, or landscape architecture.
(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.104. Terms; Vacancy

Sec. 1051.104.  TERMS;  VACANCY.  (a)  Board members serve staggered six-year terms.  The terms of three members expire on January 31 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.105. Grounds for Removal

Sec. 1051.105.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 1051.101;
(2)  does not maintain during service on the board the qualifications required by Section 1051.101;
(3)  is ineligible for membership under Section 1051.102 or 1051.103;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.106. Per Diem; Reimbursement

Sec. 1051.106.  PER DIEM;  REIMBURSEMENT.  (a)  A board member is entitled to receive a per diem for each day that the member engages in board business.
(b)  A board member is entitled to receive reimbursement for travel expenses, including food, lodging, and transportation expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.107. Officers

Sec. 1051.107.  OFFICERS.  (a)  The governor shall designate one board member as presiding officer to serve in that capacity at the pleasure of the governor.
(b)  The board annually shall elect from its members an assistant presiding officer.
(c)  The board shall appoint a secretary-treasurer of the board to serve at the pleasure of the board.
(d)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(41).
(e)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(41).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(41), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.108. Meetings

Sec. 1051.108.  MEETINGS.  (a)  The board shall hold at least two regular meetings each year at a time and place determined by the board to:
(1)  transact its business;  and
(2)  examine each applicant for registration under this chapter.
(b)  Special meetings of the board must be called by the presiding officer or, if the presiding officer is absent from the state or is unable to act, by the assistant presiding officer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.109. Office Location

Sec. 1051.109.  OFFICE LOCATION.  The board shall maintain an office in Austin.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.110. Board Member Activities

Sec. 1051.110.  BOARD MEMBER ACTIVITIES.  Membership on the board does not prohibit a member from performing any work or providing any service on a state, county, municipal, or other public building or work for a fee or other direct compensation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.111. Filing of Oath

Sec. 1051.111.  FILING OF OATH.  Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken by the member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter B. Texas Board of Architectural Examiners › Section 1051.112. Training

Sec. 1051.112.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  this subtitle;
(2)  the programs operated by the board;
(3)  the role and functions of the board;
(4)  the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the board;
(6)  the results of the most recent formal audit of the board;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Acts 2003, 78th Leg., ch. 331, Sec. 1.09, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter C. Executive Director and Personnel › Section 1051.151. Executive Director; Duties Regarding Money

Sec. 1051.151.  EXECUTIVE DIRECTOR;  DUTIES REGARDING MONEY.  (a)  The board may employ an executive director to conduct the affairs of the board under the board's direction.  The executive director shall receive a salary in an amount determined by the board.
(b)  The executive director shall receive and account for any money derived, including any fee collected, under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter C. Executive Director and Personnel › Section 1051.152. Personnel

Sec. 1051.152.  PERSONNEL.  The board shall employ clerical and other assistants as necessary to properly perform the board's work.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter C. Executive Director and Personnel › Section 1051.153. Division of Responsibilities

Sec. 1051.153.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter C. Executive Director and Personnel › Section 1051.154. Qualifications and Standards of Conduct Information

Sec. 1051.154.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter C. Executive Director and Personnel › Section 1051.155. Career Ladder Program; Performance Evaluations

Sec. 1051.155.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for board employees must be based on the system established under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter C. Executive Director and Personnel › Section 1051.156. Equal Employment Opportunity Policy; Report

Sec. 1051.156.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the board's personnel is in accordance with federal and state law and a description of reasonable methods to achieve compliance with federal and state law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter E. Public Interest Information and Complaint Procedures › Section 1051.251. Public Interest Information; Display of Certificate

Sec. 1051.251.  PUBLIC INTEREST INFORMATION;  DISPLAY OF CERTIFICATE.  (a)  The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board.  The information must include information for prospective applicants regarding the qualifications and requirements for registration under this subtitle.
(b)  The board shall make the information available to the public and appropriate state agencies.
(c)  In each written contract in which a person registered under this subtitle agrees to practice the person's profession in this state, the person shall include the name, mailing address, and telephone number of the board and a statement that the board has jurisdiction over a person registered under this subtitle.
(d)  A person registered under this subtitle shall prominently display the person's certificate of registration in the person's place of business.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.04, 2.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter E. Public Interest Information and Complaint Procedures › Section 1051.252. Complaints

Sec. 1051.252.  COMPLAINTS.  (a)  The board by rule shall establish a comprehensive procedure for receiving and adjudicating complaints from consumers and service recipients.  The rules must address each phase of the complaint process, including complaint intake, preliminary evaluation, investigation, adjudication, sanctions, and public disclosure.
(b)  The board shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.  The board may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated under this subtitle;
(2)  on a sign prominently displayed in the place of business of each person regulated under this subtitle;  or
(3)  in a bill for service provided by a person regulated under this subtitle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter E. Public Interest Information and Complaint Procedures › Section 1051.253. Complaint Information

Sec. 1051.253.  COMPLAINT INFORMATION.  (a)  The board shall maintain a file on each complaint filed with the board that the board has authority to resolve.  The file must include:
(1)  the name of the person who filed the complaint unless the complaint is filed anonymously;
(2)  the date the complaint is received by the board;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.
(b)  The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.
(c)  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an investigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter E. Public Interest Information and Complaint Procedures › Section 1051.254. Public Participation

Sec. 1051.254.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided access to the board's programs.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter F. General Registration Requirements › Section 1051.301. Administration of Examination to Disabled Applicants

Sec. 1051.301.  ADMINISTRATION OF EXAMINATION TO DISABLED APPLICANTS.  The board by rule shall ensure that an examination under this subtitle is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices › Subtitle B - Regulation of Architecture and Related Practices › Chapter 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter F. General Registration Requirements › Section 1051.302. Examination Fee

Sec. 1051.302.  EXAMINATION FEE.  Notwithstanding Section 2113.203, Government Code, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the examination.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1, 2003.