reglab/statecodes huggingface dataset:
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 L. Exemptions › Section 1051.607. List of Engineers Permitted to Engage in Practice of Architecture

Sec. 1051.607.  LIST OF ENGINEERS PERMITTED TO ENGAGE IN PRACTICE OF ARCHITECTURE.  (a)  The board shall maintain a list of engineers licensed under Chapter 1001 who are authorized to engage in the practice of architecture based on an administrative finding of experience under this section.  The board shall post the list on the board's Internet website.
(b)  An engineer may not engage or offer to engage in the practice of architecture unless:
(1)  the engineer is listed under Subsection (a); and
(2)  the engineer is in good standing with the Texas Board of Professional Engineers and Land Surveyors.
(c)  The board shall list each engineer who:
(1)  applies for placement on the list not later than January 1, 2012;
(2)  was licensed to practice engineering under Chapter 1001 before January 1, 2011; and
(3)  provides to the board documentation of at least three projects that:
(A)  were prepared by the engineer;
(B)  were adequately and safely built before January 1, 2011; and
(C)  are described by Section 1051.703(a) or were not exempt under Section 1051.606(a)(4).
(d)  Documentation that is sufficient to satisfy the requirement of Subsection (c)(3) includes plans, specifications, photographs, and other records establishing that the architectural design work was performed by the engineer.  The documentation is subject to verification by the board.  The board shall complete the verification not later than the 120th day after the date the board receives the documentation.
(e)  The board shall issue written confirmation to each engineer listed under this section that, notwithstanding the requirements of Section 1051.701, the engineer may lawfully engage and offer to engage in the practice of architecture without a license under this chapter.
(f)  If the board declines to list an engineer who applies under this section, the engineer may request a contested case hearing to be conducted under Chapter 2001, Government Code.  The motion for rehearing required by Chapter 2001, Government Code, shall be filed with the State Office of Administrative Hearings.  The decision of the administrative law judge in the contested case is final and may be appealed in a Travis County district court.
(g)  The board and the Texas Board of Professional Engineers and Land Surveyors shall pay equally the costs of a contested case.
(h)  The Texas Board of Professional Engineers and Land Surveyors has exclusive regulatory oversight over an engineer listed under Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.13, eff. September 1, 2019.
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 M. Board Powers and Duties: Architects › Section 1051.651. Fees

Sec. 1051.651.  FEES.  (a)  The board may set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of administering this chapter, unless the amount of the fee is set by this chapter or by the General Appropriations Act.
(b)  The board shall set the required renewal fee for:
(1)  a resident of this state in an amount that is equal to the sum of:
(A)  the amount determined by the board as reasonable and necessary to cover administrative costs;  and
(B)  an amount determined annually by the board as reasonable and necessary for the administration of the examination fee scholarship program under Section 1051.653;  and
(2)  nonresidents in an amount determined by the board.
(c)  The board may accept payment of a fee by electronic means.  The board may charge a fee to process the payment made by electronic means.  The board shall set the processing fee in an amount that is reasonably related to the expense incurred by the board in processing the payment made by electronic means, not to exceed five percent of the amount of the fee for which the payment is made.
(d)  A fee set by the board under this section may not be used for the purpose of earning additional revenue for the board.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, 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 M. Board Powers and Duties: Architects › Section 1051.653. Examination Fee Scholarships

Sec. 1051.653.  EXAMINATION FEE SCHOLARSHIPS.  (a)  The board shall administer scholarships to applicants for examination under this article in a manner the board determines best serves the public purpose of:
(1)  promoting the professional needs of the state;
(2)  increasing the number of highly trained and educated architects available to serve the residents of the state;
(3)  improving the state's business environment and encouraging economic development; and
(4)  identifying, recognizing, and supporting outstanding applicants who plan to pursue careers in architecture.
(b)  In determining what best serves the public purpose of the scholarships as described by Subsection (a), the board shall consider at least the financial need of each person who applies for a scholarship under this section.
(c)  The amount of the scholarship is the lesser of:
(1)  $500;  or
(2)  the amount of the required examination fee.
(d)  Scholarships under this section are funded by the amount added to each renewal fee under Section 1051.651(b).  The board may not use more than 15 percent of the amount appropriated to the board for scholarships under this section to pay the costs of administering the scholarships.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.007(f), eff. September 1, 2005.
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 M. Board Powers and Duties: Architects › Section 1051.654. Design and Approval of Architect's Seal

Sec. 1051.654.  DESIGN AND APPROVAL OF ARCHITECT'S SEAL.  (a)  The board shall prescribe and approve the seal to be used by an architect.
(b)  The design of the seal must be the same as the design used by the board, except that the words "Registered Architect, State of Texas" must be used instead of "Texas Board of Architectural Examiners."
Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.13, 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 N. Registration of Architects › Section 1051.701. Registration Required

Sec. 1051.701.  REGISTRATION REQUIRED.  (a)  A person may not engage in the practice of architecture, or offer or attempt to engage in the practice of architecture, as defined in Section 1051.001(7)(A), (B), or (C) unless the person is registered as an architect under this chapter.
(b)  A firm, partnership, corporation, or association, including a firm, partnership, corporation, or joint stock association engaged in the practice of engineering under Section 1001.405, may engage in the practice of architecture, represent to the public that the entity is engaged in the practice of architecture or is offering architectural services, or use the word "architect" or "architecture" in any manner in its name only if any practice of architecture or architectural service performed on behalf of the entity is performed by or through a person registered as an architect under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.301 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.15, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 208 (H.B. 1573), Sec. 3, eff. September 1, 2005.
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 N. Registration of Architects › Section 1051.702. Use of Architect's Seal

Sec. 1051.702.  USE OF ARCHITECT'S SEAL.  (a)  An architect shall maintain a seal as approved by the board and shall stamp or impress the seal on each drawing or specification issued from the architect's office for use in this state.
(b)  A person may not use or attempt to use an architect's seal, a similar seal, or a replica of the seal, unless the use is by or through an architect.
(c)  An architect may not permit a person who is not an architect to use the architect's seal without the architect's personal supervision.
(d)  A person may not present or attempt to use as the person's own the seal of another person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.302 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.16, 3.17, 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 N. Registration of Architects › Section 1051.703. Certain Plans or Specifications to Be Prepared Only by Architect

Sec. 1051.703.  CERTAIN PLANS OR SPECIFICATIONS TO BE PREPARED ONLY BY ARCHITECT.  (a)  An architectural plan or specification for any of the following may be prepared only by an architect:
(1)  a new building or modification of an existing building intended for occupancy on a 24-hour basis by persons who are receiving custodial care from the proprietor or operator of the building, regardless of the number of stories or square footage of the building;
(2)  a new building having construction costs exceeding $100,000 that is to be:
(A)  constructed and owned by a state agency, a political subdivision of this state, or any other public entity in this state;  and
(B)  used for education, assembly, or office occupancy;  or
(3)  an alteration or addition having construction costs exceeding $50,000 that:
(A)  is to be made to an existing building that:
(i)  is owned by a state agency, a political subdivision of this state, or any other public entity in this state;  and
(ii)  is or will be used for education, assembly, or office occupancy;  and
(B)  requires the removal, relocation, or addition of a wall or partition or the alteration or addition of an exit.
(b)  This section does not prohibit an owner of a building from contracting with an architect or engineer as the prime design professional for a building construction, alteration, or addition project.  Designation as the prime design professional does not expand the scope of practice of an architect or engineer beyond the scope of practice that the architect or engineer is authorized to practice under Chapter 1001 or 1051.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.303 by Acts 2003, 78th Leg., ch. 331, Sec. 3.18, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284), Sec. 5, eff. September 1, 2011.
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 N. Registration of Architects › Section 1051.704. Examination; Issuance of Certificate

Sec. 1051.704.  EXAMINATION;  ISSUANCE OF CERTIFICATE.  The board shall:
(1)  examine each applicant for registration on any architectural subject or procedure the board requires;  and
(2)  issue a certificate of registration to each applicant who passes the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.304 by Acts 2003, 78th Leg., ch. 331, Sec. 3.19, 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 N. Registration of Architects › Section 1051.705. Eligibility and Application for Examination

Sec. 1051.705.  ELIGIBILITY AND APPLICATION FOR EXAMINATION.  (a)  A person may apply for an examination under this chapter if the person:
(1)  is a graduate of a recognized university or college of architecture approved by the board;  and
(2)  has satisfactory experience in architecture, in an office or offices of one or more legally practicing architects, as prescribed by board rule.
(b)  The applicant must present to the board:
(1)  a diploma showing that the applicant meets the education requirement established by Subsection (a)(1);  and
(2)  evidence acceptable to the board that the applicant meets the experience requirement established by Subsection (a)(2).
(c)  The board shall set an examination fee in an amount reasonable and necessary to cover the cost of the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.305 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.20, 3.21, 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 O. Disciplinary Procedures for Architects › Section 1051.751. Disciplinary Powers of Board

Sec. 1051.751.  DISCIPLINARY POWERS OF BOARD.  (a)  On a determination that a ground for discipline exists under Section 1051.752, the board shall:
(1)  revoke, suspend, or refuse to renew a certificate of registration;
(2)  reprimand a certificate holder;  or
(3)  impose an administrative penalty on a person under Subchapter I.
(b)  The board may place on probation a person whose certificate of registration is suspended.  If the suspension of a person's certificate is probated, the board may require the person to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.401 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.23, 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 O. Disciplinary Procedures for Architects › Section 1051.752. Grounds for Disciplinary Action

Sec. 1051.752.  GROUNDS FOR DISCIPLINARY ACTION.  A person is subject to disciplinary action under Section 1051.751 for:
(1)  a violation of this subtitle or a board rule adopted under this subtitle that applies to architects;
(2)  a failure to provide or to timely provide to the Texas Department of Licensing and Regulation any document designated by Chapter 469, Government Code, as a document the person is required to provide to the department;
(3)  a cause for which the board may refuse to issue a certificate of registration;
(4)  gross incompetency in the practice of architecture;
(5)  recklessness in the practice of architecture, including recklessness in the construction or alteration of a building by an architect designing, planning, or observing the construction or alteration;
(6)  dishonest practice in the practice of architecture by the holder of a certificate of registration;
(7)  giving false or forged evidence to the board or a board member in obtaining or assisting another person to obtain a certificate of registration;
(8)  aiding or abetting a person not registered under this subtitle in violating this subtitle;  or
(9)  using or attempting to use as the person's own the certificate of registration of another person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.402 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.23, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.055(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 P. Other Penalties and Enforcement Provisions: Architects › Section 1051.801. Criminal Penalty

Sec. 1051.801.  CRIMINAL PENALTY.  (a)  A person, whether acting independently or on behalf of the person's firm, commits an offense if, in violation of this chapter, the person:
(1)  engages in the practice of architecture, or offers or attempts to engage in the practice of architecture;
(2)  prepares architectural plans or specifications for and observes or supervises the construction, enlargement, or alteration of a building for another person;  or
(3)  advertises or puts out a sign, card, or drawing designating the person as an architect or architectural designer or uses another business or professional title that uses a form of the word "architect."
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $250 and not more than $1,000. Each day of violation is a separate offense.
(c)  In an action brought under this section, the board may be represented by a district or county attorney or by other counsel as necessary.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.24, 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 1052 - Landscape Architects › Subchapter A. General Provisions › Section 1052.004. Activities of Landscape Architect Employee

Sec. 1052.004.  ACTIVITIES OF LANDSCAPE ARCHITECT EMPLOYEE.  This chapter does not limit the ability of an employee of a landscape architect to act under the landscape architect's instructions, control, or supervision.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 4.01, 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 1052 - Landscape Architects › Subchapter A. General Provisions › Section 1052.005. Activities of Certain Persons Not Represented to Be Landscape Architects

Sec. 1052.005.  ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED TO BE LANDSCAPE ARCHITECTS.  (a)  This chapter does not apply to a person:
(1)  who does not represent that the person is a landscape architect or use a business or professional title that uses a form of the phrase "landscape architect";  and
(2)  who is a landscape architect licensed or registered in another state or country who:
(A)  does not open or maintain a business in this state;  and
(B)  complies with the requirements of Subsection (b).
(b)  A person described by Subsection (a) who agrees to perform or represents that the person is able to perform a professional service involved in the practice of landscape architecture may perform a landscape architectural service in this state only if, in performing the service, the person:
(1)  employs a landscape architect registered under this chapter as a consultant;  or
(2)  acts as a consultant of a landscape architect registered in this state.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 4.01, 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 1052 - Landscape Architects › Subchapter B. Board Powers and Duties › Section 1052.054. Fees

Sec. 1052.054.  FEES.  (a)  The board may set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of administering this chapter, unless the amount of the fee is set by the General Appropriations Act.
(b)  The board shall set the fee for renewal of a certificate of registration in an amount that is reasonable and necessary to defray administrative costs.
(c)  The board may accept payment of a fee by electronic means.  The board may charge a fee to process the payment made by electronic means.  The board shall set the processing fee in an amount that is reasonably related to the expense incurred by the board in processing the payment made by electronic means, not to exceed five percent of the amount of the fee for which the payment is made.
(d)  A fee set by the board under this section may not be used for the purpose of earning additional revenue for 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. 4.02, 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 1052 - Landscape Architects › Subchapter B. Board Powers and Duties › Section 1052.056. Design and Approval of Landscape Architect's Seal

Sec. 1052.056.   DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S SEAL.  (a)  The board shall prescribe and approve the seal to be used by a landscape architect.
(b)  The design of the seal must be the same as the design used by the board, except that the words "Registered Landscape Architect, State of Texas" must be used instead of "Texas Board of Architectural Examiners."  (V.A.C.S. Art. 249c, Sec. 8D(b).)
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 4.03, 4.04, 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 1052 - Landscape Architects › Subchapter D. Registration Requirements › Section 1052.151. Registration Required; Exceptions

Sec. 1052.151.  REGISTRATION REQUIRED; EXCEPTIONS.  (a)  A person may not engage in the practice of landscape architecture unless the person:
(1)  holds a certificate of registration under this chapter; or
(2)  is authorized under Section 1052.003 to engage in the practice of landscape architecture without holding a certificate of registration.
(b)  Except as provided by Subsections (c) and (d), a person may not represent the person to be a landscape architect or use the term "landscape architect," "landscape architectural," or "landscape architecture" or any similar term to describe the person's services unless the person holds a certificate of registration under this chapter.
(c)  A business entity may engage in the practice of landscape architecture without holding a certificate of registration under this chapter if:
(1)  the entity is authorized under Section 1052.003 to engage in the practice of landscape architecture without holding a certificate of registration; or
(2)  any landscape architecture performed on behalf of the entity is performed by or under the supervision and control of a person who:
(A)  holds a certificate of registration under this chapter; and
(B)  is a regular, full-time employee of the entity.
(d)  A business entity may use the term "landscape architect," "landscape architectural," or "landscape architecture" or any similar term to describe the entity or the services provided by the entity without holding a certificate of registration under this chapter if any practice of landscape architecture performed on behalf of the entity is performed by or under the supervision and control of a person who:
(1)  holds a certificate of registration under this chapter; and
(2)  is a regular, full-time employee of the entity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.057(c), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 8, 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 1052 - Landscape Architects › Subchapter D. Registration Requirements › Section 1052.1515. Acceptance of Assignments

Sec. 1052.1515.  ACCEPTANCE OF ASSIGNMENTS.  A landscape architect may not accept an assignment to engage in the practice of landscape architecture unless:
(1)  the landscape architect is qualified by education, examination, or experience to adequately and competently perform the assignment;  or
(2)  if the landscape architect is not qualified to perform part of the assignment, that part of the assignment is to be performed by persons who are qualified.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.057(d), 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 1052 - Landscape Architects › Subchapter D. Registration Requirements › Section 1052.152. Use of Landscape Architect's Seal

Sec. 1052.152.  USE OF LANDSCAPE ARCHITECT'S SEAL.  (a)  A landscape architect shall maintain a seal as described by Section 1052.056 and shall stamp or impress the seal on each drawing or specification issued from the landscape architect's office for use in this state.
(b)  A person may not use or attempt to use a landscape architect's seal, a similar seal, or a replica of the seal unless the use is by or through a landscape architect.
(c)  A landscape architect may not permit a person who is not a landscape architect to use the landscape architect's seal without the landscape architect's personal supervision.
(d)  A person may not present or attempt to use as the person's own the seal of another person.
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 1052 - Landscape Architects › Subchapter D. Registration Requirements › Section 1052.153. Examination

Sec. 1052.153.  EXAMINATION.  (a)  A person must pass an examination prescribed by the board to receive a certificate of registration as a landscape architect.
(b)  The board shall prescribe the scope of the examination and the methods of procedure with special reference to the applicant's ability that will ensure the safety of the public welfare and property rights.  The board by rule may adopt the examination of the Council of Landscape Architectural Registration Boards or the examination of a nationally recognized testing organization whose examination is determined by the board to be at least as stringent as the council's examination.
(c)  The board shall approve the examination.
(d)  The board at least annually shall administer the examination or enter into a contract with a nationally recognized testing organization to administer the examination.  The board, in the manner provided by board rule, shall provide reasonable public notice of the dates on and locations at which each portion of the examination will be administered.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 9, 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 1052 - Landscape Architects › Subchapter D. Registration Requirements › Section 1052.154. Eligibility for Examination; Application

Sec. 1052.154.  ELIGIBILITY FOR EXAMINATION;  APPLICATION.  (a)  A person may apply for examination under this chapter if the person:
(1)  is a graduate of a landscape architecture educational program recognized and approved by the board;  and
(2)  has satisfactory experience in landscape architecture as required by board rule.
(b)  The application must be accompanied by a fee set by the board in an amount that is reasonable and necessary to defray administrative costs.
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 1052 - Landscape Architects › Subchapter D. Registration Requirements › Section 1052.155. Emeritus Status; Landscape Architects

Sec. 1052.155.  EMERITUS STATUS; LANDSCAPE ARCHITECTS.  (a)  The board by rule shall establish a procedure by which a landscape architect may place the landscape architect's certificate of registration on emeritus status.  The landscape architect must apply for emeritus status, on a form prescribed by the board, before the landscape architect's certificate of registration expires.
(b)  A landscape architect is eligible for emeritus status if the landscape architect:
(1)  has been a landscape architect for 20 years or more; and
(2)  is 65 years of age or older.
(c)  A landscape architect whose certificate of registration is on emeritus status:
(1)  may engage in the practice of landscape architecture to the extent that a person who does not hold a certificate of registration as a landscape architect may under Section 1052.003(a);
(2)  may use the title "Emeritus Landscape Architect" or "Landscape Architect Emeritus";
(3)  must pay a renewal fee on a date and in a manner prescribed by board rule; and
(4)  is exempt from continuing education requirements under this chapter.
(d)  The board shall change a landscape architect's certificate of registration from emeritus status to active status if the landscape architect:
(1)  requests in writing that the board change the landscape architect's certificate of registration from emeritus status to active status;
(2)  pays an administrative fee; and
(3)  complies with education or other requirements established by board rule.
(e)  The renewal fee charged under Subsection (c) may not exceed an amount reasonable and necessary to recover the costs to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 10, 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 1052 - Landscape Architects › Subchapter F. Disciplinary Procedures › Section 1052.251. Disciplinary Powers of Board

Sec. 1052.251.  DISCIPLINARY POWERS OF BOARD.  (a)  On a determination that a ground for discipline exists under Section 1052.252, the board shall:
(1)  revoke, suspend, or refuse to renew a certificate of registration;
(2)  reprimand a certificate holder;  or
(3)  impose an administrative penalty on a person under Subchapter I, Chapter 1051.
(b)  The board may place on probation a person whose certificate of registration is suspended.  If the suspension is probated, the board may require the person to:
(1)  report regularly to the board on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the board;  or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 4.05, 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 1052 - Landscape Architects › Subchapter F. Disciplinary Procedures › Section 1052.252. Grounds for Disciplinary Action

Sec. 1052.252.  GROUNDS FOR DISCIPLINARY ACTION.  A person is subject to disciplinary action under Section 1052.251 for:
(1)  violating this subtitle or a board rule adopted under this subtitle that applies to landscape architects;
(2)  using fraud or deceit in obtaining a certificate of registration;
(3)  giving false or forged evidence to the board or a member of the board in obtaining or assisting another person to obtain a certificate of registration;
(4)  using or attempting to use as the person's own the certificate of registration of another person;
(5)  holding the person out to the public as an engineer or using the term "engineer," "engineered," "professional engineer," or "P.E." or any other term tending to create the impression that the person is authorized to practice engineering or another profession unless the person is licensed under Chapter 1001 or another licensing law of this state, as applicable;
(6)  holding the person out to the public as a surveyor or using the term "surveyor," "surveyed," or "registered professional land surveyor" or any other term tending to create the impression that the person is authorized to practice surveying or another profession unless the person is licensed under Chapter 1071 or another licensing law of this state, as applicable;
(7)  committing an act of recklessness, gross incompetency, or misconduct in the practice of landscape architecture;
(8)  failing to provide or to timely provide to the Texas Department of Licensing and Regulation any document designated by Chapter 469, Government Code, as a document the person is required to provide to the department;
(9)  acting dishonestly in the practice of landscape architecture;  or
(10)  aiding or abetting a person not registered under this subtitle in violating 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. 4.05, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.060(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 1053 - Interior Designers › Subchapter A. General Provisions › Section 1053.002. Application

Sec. 1053.002.  APPLICATION.  (a)  This chapter does not apply to:
(1)  a person who:
(A)  does not use the title "interior designer"  and does not use the term "interior design" to describe a service the person offers or performs;  and
(B)  is an interior designer licensed or registered in another state or country who:
(i)  does not open or maintain a business in this state;  and
(ii)  complies with the requirements of Subsection (b);
(2)  a person who is registered to practice architecture in this state; or
(3)  a person who does not use a business or professional title that uses the phrase "registered interior designer."
(b)  A person described by Subsection (a)(1) who agrees to perform or represents that the person is able to perform an interior design service may perform an interior design service in this state if, in performing the service, the person:
(1)  employs an interior designer registered under this chapter as a consultant;  or
(2)  acts as a consultant of an interior designer registered in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 5.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 13 (H.B. 1484), Sec. 1, eff. May 12, 2009.
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 1053 - Interior Designers › Subchapter A. General Provisions › Section 1053.003. Limitation on Interior Designers

Sec. 1053.003.  LIMITATION ON INTERIOR DESIGNERS.  Registration under this chapter does not authorize an interior designer to:
(1)  plan or design architectural interior construction;
(2)  engineer a building system, including a structural, electrical, plumbing, heating, ventilating, air-conditioning, or mechanical system;
(3)  engage in the practice of engineering as described in Chapter 1001;  or
(4)  engage in the practice of architecture as described in Chapter 1051.
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 1053 - Interior Designers › Subchapter B. Board Powers and Duties › Section 1053.052. Fees

Sec. 1053.052.  FEES.  (a)  The board shall set the following fees, unless otherwise set in the General Appropriations Act, in amounts that are reasonable and necessary to cover the costs of administering this chapter:
(1)  a registration application fee;
(2)  an annual registration renewal fee;
(3)  a reciprocal registration fee;  and
(4)  an examination fee.
(b)  The board may set fees for the following services, unless otherwise set in the General Appropriations Act, in amounts that are reasonable and necessary to cover the costs of administering this chapter:
(1)  providing a duplicate certificate of registration;
(2)  providing a roster of interior designers;
(3)  reinstating a revoked or suspended certificate of registration;  and
(4)  performing any other board action involving an administrative expense.
(c)  The board may accept payment of a fee by electronic means.  The board may charge a fee to process the payment made by electronic means.  The board shall set the processing fee in an amount that is reasonably related to the expense incurred by the board in processing the payment made by electronic means, not to exceed five percent of the amount of the fee for which the payment is made.
(d)  A fee set by the board under this section may not be used for the purpose of earning additional revenue for 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. 5.02, 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 1053 - Interior Designers › Subchapter B. Board Powers and Duties › Section 1053.053. Gifts and Grants

Sec. 1053.053.  GIFTS AND GRANTS.  (a)  The board may accept a gift or grant from any source to pay for any activity under this chapter.
(b)  A gift or grant must be accepted in an open meeting by a majority of the board and reported in the minutes with the name of the donor and purpose of the gift or grant.
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 1053 - Interior Designers › Subchapter B. Board Powers and Duties › Section 1053.058. Design and Approval of Interior Designer's Seal

Sec. 1053.058.  DESIGN AND APPROVAL OF INTERIOR DESIGNER'S SEAL.  (a)  The board shall prescribe and approve the seal to be used by an interior designer.
(b)  The design of the seal must be the same as the design used by the board, except that the words "Registered Interior Designer, State of Texas" must be used instead of "Texas Board of Architectural Examiners."
Added by Acts 2003, 78th Leg., ch. 331, Sec. 5.03, 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 1053 - Interior Designers › Subchapter D. Registration Requirements › Section 1053.151. Registration Required

Sec. 1053.151.  REGISTRATION REQUIRED.  A person other than an interior designer may not  represent that the person is a "registered interior designer" by using that title or by using words that imply that the person is a registered interior designer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 13 (H.B. 1484), Sec. 2, eff. May 12, 2009.
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 1053 - Interior Designers › Subchapter D. Registration Requirements › Section 1053.152. Eligibility Requirements

Sec. 1053.152.  ELIGIBILITY REQUIREMENTS.  (a)  The board shall establish the qualifications for the issuance or renewal of a certificate of registration under this chapter.
(b)  To be eligible for a certificate of registration, an applicant must:
(1)  meet the qualifications established by the board under Subsection (a);
(2)  pass the registration examination;  and
(3)  pay the required fees.
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 1053 - Interior Designers › Subchapter D. Registration Requirements › Section 1053.153. Application for Certificate of Registration

Sec. 1053.153.  APPLICATION FOR CERTIFICATE OF REGISTRATION.  Each application for a certificate of registration must:
(1)  be on a form prescribed and furnished by the board;  and
(2)  include a:
(A)  verified statement of the applicant's education;  and
(B)  detailed summary of the applicant's interior design work experience.
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 1053 - Interior Designers › Subchapter D. Registration Requirements › Section 1053.154. Examination Required

Sec. 1053.154.  EXAMINATION REQUIRED.  (a)  An applicant for a certificate of registration must pass the examination adopted by the board.
(b)  The examination must cover subjects established by and must be graded according to board rules.  The board by rule may adopt the examination of the National Council for Interior Design Qualification or a comparable examination.
(c)  The board shall determine the time and place for each examination.  The examination shall be offered at least once a year.  The board shall give reasonable public notice of the examination in the manner provided by board rule.
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 1053 - Interior Designers › Subchapter D. Registration Requirements › Section 1053.155. Application for Admission to Examination

Sec. 1053.155.  APPLICATION FOR ADMISSION TO EXAMINATION.  (a)  An applicant for a certificate of registration must apply to the board, on a form prescribed by the board, for admission to the registration examination.
(b)  An application for admission to the registration examination must be accompanied by evidence satisfactory to the board that the applicant has satisfied the educational and professional experience requirements for the examination adopted by the board under Section 1053.154.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 956 (S.B. 1932), Sec. 2, eff. September 1, 2017.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 956 (S.B. 1932), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 956 (S.B. 1932), Sec. 2, eff. September 1, 2017.
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 1053 - Interior Designers › Subchapter D. Registration Requirements › Section 1053.156. Emeritus Status; Interior Designers

Sec. 1053.156.  EMERITUS STATUS; INTERIOR DESIGNERS.  (a)  The board by rule shall establish a procedure by which an interior designer may place the interior designer's certificate of registration on emeritus status.  The interior designer must apply for emeritus status, on a form prescribed by the board, before the interior designer's certificate of registration expires.
(b)  An interior designer is eligible for emeritus status if the interior designer:
(1)  has been an interior designer for 20 years or more; and
(2)  is 65 years of age or older.
(c)  An interior designer whose certificate of registration is on emeritus status:
(1)  may use the title "Emeritus Interior Designer" or "Interior Designer Emeritus";
(2)  must pay a renewal fee on a date and in a manner prescribed by board rule; and
(3)  is exempt from continuing education requirements under this chapter.
(d)  The board shall change an interior designer's certificate of registration from emeritus status to active status if the interior designer:
(1)  requests in writing that the board change the interior designer's certificate of registration from emeritus status to active status;
(2)  pays an administrative fee; and
(3)  complies with education or other requirements established by board rule.
(e)  The renewal fee charged under Subsection (c) may not exceed an amount reasonable and necessary to recover the costs to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 11, eff. September 1, 2007.