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 F. General Registration Requirements › Section 1051.303. Refund Policy

Sec. 1051.303.  REFUND POLICY.  The board by rule shall adopt a comprehensive refund policy for applicants who are not able to take an examination under this subtitle after paying the examination fee.  The comprehensive refund policy must include:
(1)  a list of the circumstances under which the board will refund the examination fee to an applicant who does not take the examination;
(2)  the required documentation to support a refund request;
(3)  the deadline for applying for a refund;  and
(4)  the amount of the examination fee the board may retain to cover administrative costs.
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 1051.304. Examination Results

Sec. 1051.304.  EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date a person takes an examination under this subtitle, the board shall notify the person of the results of the examination.
(b)  If an examination is graded or reviewed by a testing service:
(1)  the board shall notify the person of the results of the examination not later than the 14th day after the date the board receives the results from the testing service;  and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day.
(c)  The board may require a testing service to notify a person of the results of the person's examination.
(d)  If requested in writing by a person who fails an examination administered under this subtitle, the board shall provide the person with an analysis of the person's performance on the examination.
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 1051.3041. Criminal History Record Information Requirement for Registration

Sec. 1051.3041.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR REGISTRATION.  (a)  The board shall require that an applicant for a certificate of registration submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may not issue a certificate of registration to a person who does not comply with the requirement of Subsection (a).
(c)  The board shall conduct a criminal history check of each applicant for a certificate of registration using information:
(1)  provided by the individual under this section; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history check.
Added by Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 2, eff. September 1, 2013.
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 1051.305. Reciprocity

Sec. 1051.305.  RECIPROCITY.  (a)  The board may waive any prerequisite to obtaining a certificate of registration under this subtitle for an applicant who holds a license or certificate of registration issued by another jurisdiction:
(1)  that has licensing or registration requirements substantially equivalent to those of this state;  or
(2)  with which this state has a reciprocity agreement.
(b)  The board may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.
(c)  An applicant under this section must:
(1)  apply in the same manner and form as any other applicant under this subtitle, except that the application must be accompanied by a fee in an amount set by the board as reasonable and necessary to cover the cost of processing and investigating the application and issuing the certificate of registration;  and
(2)  provide the board with documents and other evidence that substantiates the applicant's qualifications.
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 1051.306. Firm Registration

Sec. 1051.306.  FIRM REGISTRATION.  The board by rule may require a firm, partnership, corporation, or association that engages in the practice of architecture, landscape architecture, or interior design to register with the board under this subtitle.
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 1051.307. Roster of Applicants

Sec. 1051.307.  ROSTER OF APPLICANTS.  The board shall maintain a roster of all persons who apply for a certificate of registration under this subtitle.  The roster must include the following information about each applicant:
(1)  the applicant's name, address, and age;
(2)  the date the applicant filed the application;
(3)  the applicant's place of business;
(4)  the applicant's educational and other qualifications;
(5)  whether the applicant took the examination;
(6)  whether the board issued a certificate of registration to the applicant or rejected the application;
(7)  the date of the board's action on the application;  and
(8)  any other information the board considers necessary.
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 1051.308. Intern Development Program

Sec. 1051.308.  INTERN DEVELOPMENT PROGRAM.  The board shall allow a graduate student engineer enrolled in an accredited architectural professional degree program in this state to enroll concurrently in the intern development program required by board rules before an applicant may take the examination under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284), Sec. 3, 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 G. Renewal of Certificate of Registration › Section 1051.351. Annual Renewal Required

Sec. 1051.351.  ANNUAL RENEWAL REQUIRED.  (a)  A person who is otherwise eligible to renew a certificate of registration under this subtitle may renew an unexpired certificate by paying the required renewal fee to the board before the expiration date of the certificate.  A person whose certificate of registration has expired may not engage in activities that require registration until the certificate of registration has been renewed.
(b)  The board by rule may adopt a system under which certificates of registration expire on various dates during the year.
(c)  For the year in which the certificate of registration expiration date is changed, the board shall prorate renewal fees on a monthly basis so that each certificate holder pays only that portion of the registration fee that is allocable to the number of months during which the certificate is valid.  On renewal of the certificate of registration on the new expiration date, the total registration renewal fee is payable.
(c-1)  Notwithstanding Subsection (a), a person who holds a certificate of registration issued under Chapter 1053 without examination may not renew the certificate on or after September 1, 2027, unless, before September 1, 2027, the person has passed the registration examination adopted by the board under Section 1053.154 and in effect on January 1, 2014.  This subsection expires January 1, 2029.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 825 (H.B. 1657), Sec. 1, 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 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter G. Renewal of Certificate of Registration › Section 1051.352. Notice of Expiration

Sec. 1051.352.  NOTICE OF EXPIRATION.  Not later than the 30th day before the date a person's certificate of registration is scheduled to expire, the board shall send written notice of the impending expiration to the person at the person's last known address according to the records 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. 2.10, 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 G. Renewal of Certificate of Registration › Section 1051.353. Procedure for Renewal

Sec. 1051.353.  PROCEDURE FOR RENEWAL.  (a)  A person may renew an unexpired certificate of registration by submitting proof satisfactory to the board of compliance with the board's continuing education requirement.
(b)  A person whose certificate of registration has been expired for 90 days or less may renew the certificate by paying to the board a renewal fee that is equal to 1-1/2 times the required renewal fee set by the board under Section 1051.651(b).
(c)  A person whose certificate of registration has been expired for more than 90 days but less than two years may renew the certificate by paying to the board a renewal fee equal to two times the required renewal fee set by the board under Section 1051.651(b).
(d)  A person whose certificate of registration has been expired for two years or more may not renew the certificate.  The person may obtain a new certificate of registration by complying with the requirements and procedures, including the examination requirements, for obtaining an original certificate.
(e)  A person who was registered in this state, moved to another state, and is currently licensed or registered and has been in practice in the other state for the two years preceding the date of the application may obtain a new certificate of registration without reexamination.  The person must pay to the board a fee that is equal to two times the required renewal fee set by the board under Section 1051.651(b) for the certificate of registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 4, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 4, eff. September 1, 2013.
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 G. Renewal of Certificate of Registration › Section 1051.3531. Criminal History Record Information Requirement for Renewal

Sec. 1051.3531.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.  (a)  An applicant renewing a certificate of registration shall submit a complete and legible set of fingerprints for purposes of performing a criminal history check of the applicant as provided by Section 1051.3041.
(b)  The board may not renew the certificate of registration of a person who does not comply with the requirement of Subsection (a).
(c)  A holder of a certificate of registration is not required to submit fingerprints under this section for the renewal of the certificate of registration if the holder has previously submitted fingerprints under:
(1)  Section 1051.3041 for the initial issuance of the certificate of registration; or
(2)  this section as part of a prior renewal of a certificate of registration.
Added by Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 5, eff. September 1, 2013.
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 G. Renewal of Certificate of Registration › Section 1051.354. Fee Exemption for Military Personnel

Sec. 1051.354.  FEE EXEMPTION FOR MILITARY PERSONNEL.  (a)  A person required to register under this subtitle who is on active duty as a member of the United States military is exempt from the payment of any fee during the person's term of service if the person:
(1)  is in good standing as an architect, landscape architect, or interior designer in this state;  or
(2)  was in good standing as an architect, landscape architect, or interior designer in this state at the time the person entered into military service.
(b)  A person who is exempt from payment of a fee under Subsection (a):
(1)  is exempt for the remainder of the fiscal year during which the person's active duty status expires;  and
(2)  is entitled to have the person's name continued on the list of architects, landscape architects, or interior designers.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.10, 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 G. Renewal of Certificate of Registration › Section 1051.355. Inactive Status

Sec. 1051.355.  INACTIVE STATUS.  (a)  The board by rule shall establish a procedure by which a person who is registered under this subtitle may place the person's certificate of registration on inactive status.  The person must apply for inactive status, on a form prescribed by the board, before the person's certificate of registration expires.
(b)  A person whose certificate of registration is on inactive status must pay an annual renewal fee on a date and in a manner prescribed by board rule.  The board shall prescribe the renewal fee under this subsection in an amount equal to the sum of:
(1)  the amount determined by the board as reasonable and necessary to cover the costs of administering this section;  and
(2)  except as provided by Subsection (e), the additional amount required under Section 1051.651(b)(1)(B) for the examination fee scholarship program.
(c)  A person whose certificate of registration is on inactive status may not perform any activity regulated under this subtitle.
(d)  The board shall remove the person's certificate of registration from inactive status if the person:
(1)  requests in writing that the board remove the person's certificate of registration from inactive status;
(2)  pays an administrative fee;  and
(3)  complies with education or other requirements established by board rule.
(e)  The additional amount of the renewal fee described by Subsection (b)(2) does not apply to a person registered under Chapter 1052 or 1053.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.11, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.054(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 G. Renewal of Certificate of Registration › Section 1051.356. Continuing Education

Sec. 1051.356.  CONTINUING EDUCATION.  (a)  The board shall recognize, prepare, or administer continuing education programs for its certificate holders.  A certificate holder must participate in the programs to the extent required by the board to keep the person's certificate of registration.
(b)  The continuing education programs:
(1)  must include courses relating to sustainable or energy-efficient design standards; and
(2)  may include courses relating to:
(A)  health, safety, or welfare; or
(B)  barrier-free design.
(b-1)  As part of a certificate holder's continuing education requirements for each annual registration period, the board by rule shall require the certificate holder to complete at least one hour of continuing education relating to sustainable or energy-efficient design standards.
(c)  The board may recognize the continuing education programs of:
(1)  a nationally acknowledged organization involved in providing, recording, or approving postgraduate education;  and
(2)  any other sponsoring organization or individual whose presentation is approved by the board as qualifying in design or construction health, safety, or welfare.
(d)  A person is exempt from the continuing education requirements of this section if the person is, as of September 1, 1999, engaged in teaching the subject matter for which the person is registered under this subtitle as a full-time faculty member or other permanent employee of an institution of higher education, as defined by Section 61.003, Education Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.12, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 376 (S.B. 541), 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 G. Renewal of Certificate of Registration › Section 1051.357. Emeritus Status

Sec. 1051.357.  EMERITUS STATUS.  (a)  The board by rule shall establish a procedure by which an architect may place the architect's certificate of registration on emeritus status.  The architect must apply for emeritus status, on a form prescribed by the board, before the architect's certificate of registration expires.
(b)  An architect is eligible for emeritus status if the architect:
(1)  has been an architect for 20 years or more;  and
(2)  is 65 years of age or older.
(c)  An architect whose certificate of registration is on emeritus status:
(1)  may engage in the practice of architecture as defined by Sections 1051.001(7)(D), (E), (F), (G), and (H);
(2)  may prepare plans and specifications described by Sections 1051.606(a)(3) and (4);
(3)  may use the title "Emeritus Architect" or "Architect Emeritus";
(4)  must pay a renewal fee on a date and in a manner prescribed by board rule; and
(5)  is exempt from continuing education requirements under this chapter.
(d)  The board shall change an architect's certificate of registration from emeritus status to active status if the architect:
(1)  requests in writing that the board remove the architect's certificate of registration from emeritus 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 2003, 78th Leg., ch. 1064, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1360 (H.B. 2060), Sec. 5, 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 H. General Disciplinary Procedures › Section 1051.401. Right to Hearing; Appeal

Sec. 1051.401.  RIGHT TO HEARING;  APPEAL.  (a)  If the board proposes to suspend, revoke, or refuse to renew a person's certificate of registration, the person is entitled to a hearing.  The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings.
(b)  The board shall prescribe procedures by which a decision to suspend or revoke or a refusal to renew a certificate of registration is made by or is appealable to the board.
(c)  A hearing under this section is a contested case subject to Chapter 2001, Government Code, and must be conducted under rules enacted by the State Office of Administrative Hearings under Chapter 2003, Government Code.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.13, 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 H. General Disciplinary Procedures › Section 1051.402. Publication of Disciplinary Orders and Sanctions

Sec. 1051.402.  PUBLICATION OF DISCIPLINARY ORDERS AND SANCTIONS.  The board by rule shall provide for the publication of all disciplinary orders and sanctions imposed by the board under this subtitle.  A certificate holder may not negotiate with the board to keep the board from publishing the settlement of a disciplinary action.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.13, 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 H. General Disciplinary Procedures › Section 1051.403. Reinstatement

Sec. 1051.403.  REINSTATEMENT.  The board may issue or reinstate a certificate of registration under this section to an applicant who:
(1)  pays all fees and costs incurred by the board as a result of any proceeding that led to the denial, revocation, or suspension;  and
(2)  presents evidence to support the issuance or reinstatement of the certificate.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.13, 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 I. Administrative Penalty › Section 1051.451. Imposition of Administrative Penalty

Sec. 1051.451.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  Except as provided by Subsection (b), the board may impose an administrative penalty on a person who engages in conduct for which the person is subject to disciplinary action under this subtitle, regardless of whether the person holds a certificate of registration issued under this subtitle.
(b)  The board may not impose an administrative penalty under this subtitle on a person for conduct related to the practice of interior design unless the person holds a certificate of registration as an interior designer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.15, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 13.001, 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 I. Administrative Penalty › Section 1051.452. Amount of Administrative Penalty

Sec. 1051.452.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  In determining the amount of a penalty, the board shall consider:
(1)  the seriousness of the conduct that is the ground for imposing the penalty, including:
(A)  the nature, circumstances, extent, and gravity of any relevant act or omission;  and
(B)  the hazard or potential hazard created to the health or safety of the public;
(2)  the economic damage to property caused by the conduct;
(3)  the history of previous grounds for imposing a penalty on the person who engaged in the conduct;
(4)  the amount necessary to deter future conduct that is a ground for imposing a penalty;
(5)  efforts to correct the conduct that is a ground for imposing a penalty;  and
(6)  any other matter that justice may require.
(c)  The board by rule shall adopt an administrative penalty schedule for violations of this subtitle or board rules to ensure that the amounts of penalties imposed are appropriate to the violation.  The board must provide the administrative penalty schedule to the public on request.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.16, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 316 (H.B. 1717), Sec. 6, eff. September 1, 2013.
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 I. Administrative Penalty › Section 1051.453. Report and Notice of Violation and Administrative Penalty

Sec. 1051.453.  REPORT AND NOTICE OF VIOLATION AND ADMINISTRATIVE PENALTY.  (a)  If, after investigating the facts surrounding an alleged ground for imposing an administrative penalty, the executive director determines that a ground exists for imposing an administrative penalty, the executive director may issue a report stating:
(1)  the facts on which the determination is based;  and
(2)  the executive director's recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty.
(b)  The executive director shall base the recommended amount of the penalty on the seriousness of the ground for imposing the penalty after considering the factors listed in Section 1051.452.
(c)  Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the report to the person on whom the penalty may be imposed.  The notice must:
(1)  include a brief summary of the charges;
(2)  state the amount of the recommended penalty;  and
(3)  inform the person of the person's right to a hearing on the occurrence of a ground for imposing the penalty, the amount of the penalty, or both.
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 I. Administrative Penalty › Section 1051.454. Administrative Penalty to Be Paid or Hearing Requested

Sec. 1051.454.  ADMINISTRATIVE PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives notice under Section 1051.453(c), the person may:
(1)  accept the executive director's determination, including the recommended administrative penalty;  or
(2)  request a hearing on the determination.
(b)  If the person accepts the executive director's determination, the board by order shall approve the determination and impose the recommended penalty.
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 I. Administrative Penalty › Section 1051.455. Hearing

Sec. 1051.455.  HEARING.  (a)  If the person requests a hearing or fails to respond timely to notice under Section 1051.453(c), the board shall set a hearing and give notice of the hearing to the person.
(b)  A proceeding under this section relating to an architect, a landscape architect, or an interior designer is subject to Chapter 2001, Government Code.
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. 6, 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 I. Administrative Penalty › Section 1051.456. Notice of Board Order

Sec. 1051.456.  NOTICE OF BOARD ORDER.  The executive director shall give notice of the board's order to the person on whom the penalty is imposed.  The notice must include:
(1)  the findings of fact and conclusions of law, separately stated;
(2)  the amount of the administrative penalty ordered, if any;
(3)  a statement of the right of the person on whom the penalty is imposed to judicial review of the board's order;  and
(4)  other information required by law.
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 I. Administrative Penalty › Section 1051.457. Options Following Board Order: Pay or Appeal

Sec. 1051.457.  OPTIONS FOLLOWING BOARD ORDER:  PAY OR APPEAL.  (a)  If the person on whom an administrative penalty is imposed holds a certificate of registration issued by the board, the board's order becomes final as provided by Section 2001.144, Government Code.  If the person does not hold a certificate of registration issued by the board, the board's order becomes final on the 20th day after the date the order is issued.
(b)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty in full;  or
(2)  file a petition for judicial review contesting the occurrence of the ground for imposing a penalty, the amount of the penalty, or both.
(c)  Within the period prescribed by Subsection (b), a person who acts under Subsection (b)(2) shall:
(1)  pay the penalty to the board for placement in an escrow account;
(2)  post with the board a supersedeas bond that is in a form approved by the board for the amount of the penalty and that is effective until judicial review of the board's order is final;  or
(3)  file with the board an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to post the bond.
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. 7, 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 I. Administrative Penalty › Section 1051.458. Collection of Administrative Penalty

Sec. 1051.458.  COLLECTION OF ADMINISTRATIVE PENALTY.  If the person on whom an administrative penalty is imposed does not meet the requirements of Section 1051.457, the board may refer the matter to the attorney general for enforcement.
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 I. Administrative Penalty › Section 1051.459. Judicial Review

Sec. 1051.459.  JUDICIAL REVIEW.  Judicial review of the order of the board imposing an administrative penalty is under the substantial evidence rule and is instituted by filing a petition with a district court in Travis County, as provided by Subchapter G, Chapter 2001, Government Code.
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 I. Administrative Penalty › Section 1051.460. Remittance of Administrative Penalty and Interest

Sec. 1051.460.  REMITTANCE OF ADMINISTRATIVE PENALTY AND INTEREST.  (a)   If, after judicial review, the administrative penalty is reduced or not imposed by the court, the board shall:
(1)  remit the appropriate amount plus accrued interest to the person on whom the penalty is imposed, if the person paid the penalty;  or
(2)  execute a release of the bond, if the person posted a supersedeas bond.
(b)  The interest remitted under Subsection (a)(1) is 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 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 K. General Provisions: Architects › Section 1051.551. Enforcement by Certain Public Officials

Sec. 1051.551.  ENFORCEMENT BY CERTAIN PUBLIC OFFICIALS.  (a)  A public official of this state or of a political subdivision of this state who is responsible for enforcing laws that affect the practice of architecture may accept an architectural plan, specification, or other related document only if the plan, specification, or document is prepared by an architect or by a person acting under the supervision of an architect, as evidenced by the architect's seal.
(b)  Subsection (a) does not apply to a plan, specification, or document that is subject to an exemption from this chapter.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 3.03, 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 1051 - Texas Board of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects › Subchapter L. Exemptions › Section 1051.601. Activities of Licensed Engineer

Sec. 1051.601.  ACTIVITIES OF LICENSED ENGINEER.  (a)  This chapter and any rule adopted under this chapter do not limit the right of an engineer licensed under Chapter 1001 to perform an act, service, or work within the scope of the practice of engineering as defined by that chapter.
(b)  This chapter does not prohibit an engineer licensed under Chapter 1001 from:
(1)  planning and supervising work on:
(A)  a construction project primarily intended for engineering use, including a railroad, hydroelectric work, or industrial plant;  or
(B)  a structure incidental to a construction project described by Paragraph (A);  or
(2)  planning, designing, or supervising the mechanical, electrical, or structural features of a building.
(c)  This chapter does not prohibit an engineer who has an architectural engineering degree from a public or private college or university from using the title "architectural engineer."  (V.A.C.S. Art. 249a, Secs. 10(b) (part), (g), (j);  16(c).)
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.051 by Acts 2003, 78th Leg., ch. 331, Sec. 3.05, 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 L. Exemptions › Section 1051.602. Activities of Architect or Engineer Employee

Sec. 1051.602.  ACTIVITIES OF ARCHITECT OR ENGINEER EMPLOYEE.  This chapter does not limit a drafter, clerk of the works, superintendent, or other employee of an architect or engineer from acting under the architect's or engineer's instructions, control, or supervision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.052, by Acts 2003, 78th Leg., ch. 331, Sec. 3.06, 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 L. Exemptions › Section 1051.603. Landscape Architecture

Sec. 1051.603.  LANDSCAPE ARCHITECTURE.  This article does not:
(1)  limit the practice of landscape architecture; or
(2)  prohibit the use of the title "Landscape Architect" by a qualified person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.053 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.07, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.007(d), 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 L. Exemptions › Section 1051.604. Interior Design

Sec. 1051.604.  INTERIOR DESIGN.  This article does not:
(1)  limit the practice of interior design; or
(2)  prohibit the use of the title "Interior Designer" by a qualified person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.054 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.08, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.007(e), 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 L. Exemptions › Section 1051.605. Employee of Certain Utilities or Affiliates

Sec. 1051.605.  EMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.  (a)  This chapter does not limit the activities of a regular full-time employee of a privately owned public utility or cooperative utility or of the utility's affiliate who performs services exclusively for the utility or the affiliate.
(b)  This chapter does not limit the use of a job title or personnel classification by an employee described by Subsection (a) if the employee does not use:
(1)  the title or classification in connection with an offer to the public to perform architectural services;  and
(2)  a name, title, or other word that tends to convey the impression that a person not registered as an architect under this chapter is offering to the public to perform architectural services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.055 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.09, 3.10, 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 L. Exemptions › Section 1051.606. Activities of Certain Persons Not Represented to Be Architects

Sec. 1051.606.  ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED TO BE ARCHITECTS.  (a)  This chapter does not apply to a person who does not represent that the person is an architect or architectural designer, or use another business or professional title that uses a form of the word "architect," and who:
(1)  engages in or is employed in the practice of architecture solely as an officer or employee of the United States;
(2)  is a legally qualified architect residing in another state or country who:
(A)  does not open or maintain an office in this state;  and
(B)  complies with the requirements of Subsection (b);
(3)  prepares architectural plans and specifications for or observes or supervises the alteration of a building, unless the alteration involves a substantial structural or exitway change to the building;  or
(4)  prepares the architectural plans and specifications for or observes or supervises the construction, enlargement, or alteration of a privately owned building that is:
(A)  a building used primarily for:
(i)  farm, ranch, or agricultural purposes;  or
(ii)  storage of raw agricultural commodities;
(B)  a single-family or dual-family dwelling or a building or appurtenance associated with the dwelling;
(C)  a multifamily dwelling not exceeding a height of two stories and not exceeding 16 units per building;
(D)  a commercial building that does not exceed a height of two stories or a square footage of 20,000 square feet;  or
(E)  a warehouse that has limited public access.
(b)  A person described by Subsection (a)(2) who agrees to perform or represents that the person is able to perform a professional service involved in the practice of architecture may perform an architectural service in this state only if, in performing the service, the person:
(1)  employs an architect who is a resident of this state as a consultant;  or
(2)  acts as a consultant of an architect in this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003;  Renumbered from Occupations Code Sec. 1051.056 and amended by Acts 2003, 78th Leg., ch. 331, Sec. 3.11, 3.12, eff. Sept. 1, 2003.