reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter C - EXAMINATION › Section 1.52 - Financial Assistance to ARE Candidates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The fund established by the 76th Texas Legislature to provide financial
				  assistance to Texas ARE Candidates shall be administered by the Board or, if
				  authorized by law, by an independent scholarship administrator approved by the
				  Board. As mandated by §
										1051.653
				  of the Texas Occupations Code, the Architect Registration Examination Financial
				  Assistance Fund (AREFAF) shall be funded by a mandatory fee from all Texas
				  registered Architects.
(b) A
				  one-time maximum award of $500 shall be awarded to each approved applicant.
				  Each scholarship recipient shall meet the following criteria:
(1) Each scholarship recipient shall be a
				  Texas resident who has resided in Texas for at least 18 months immediately
				  preceding the date the recipient submitted his or her application for the
				  AREFAF award;
(2) Each scholarship
				  recipient shall be a Candidate in good standing or shall be an Architect who
				  completed the ARE during the 12-month period immediately preceding the date of
				  application for the AREFAF award;
(3) Each scholarship recipient shall
				  demonstrate that the examination fee for the ARE would pose or has posed a
				  financial hardship for him or her; and
(4) Each scholarship recipient shall have
				  attained passing scores on sections of the ARE for which the combined fees
				  total at least $500.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.61 - Issuance of Certificates of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Certificates of registration shall be issued to individuals who have satisfied
				  the registration requirements as described in the Architects' Registration Law
				  and the Rules and Regulations of the Board.
(b) Each certificate of registration issued
				  by the Board shall identify the Architect by name and registration number,
				  indicate the effective date of the registration, and acknowledge the
				  Architect's right to practice architecture in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.62 - Display of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Architect
				  holding an active certificate of registration shall display it at his/her
				  office. If an Architect maintains an office in more than one (1) location, the
				  Architect shall display a duplicate certificate at each additional
				  location.
(b) A duplicate
				  certificate may be obtained only by filing with the Board an application for a
				  duplicate certificate and paying a fee as prescribed by the Board. An Architect
				  may not copy his/her certificate of registration in order to display
				  it.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.64 - Surrender of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect
				  may voluntarily surrender his/her registration by submitting to the Board a
				  written notice of the voluntary surrender that has been signed by the
				  Architect. The voluntary surrender of a registration shall invalidate the
				  registration. A registration that has been voluntarily surrendered may be
				  reinstated in the manner described in Section 1.66.
(b) Upon receipt of written notice from the
				  Board requiring the surrender of a certificate of registration that has been
				  suspended or revoked pursuant to the Rules and Regulations of the Board, an
				  Architect or former Architect shall immediately surrender his/her certificate
				  of registration in the manner prescribed in the notice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.65 - Annual Renewal Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  shall send via email an annual registration renewal notice to each Architect.
				  An Architect must notify the Board in writing (email, fax, on the Board's Web
				  site, or by U.S. mail) each time the Architect's email address or mailing
				  address of record changes. The written notice of the Architect's change of
				  address must be submitted to the Board within thirty (30) days after the
				  effective date of the change of address.
(b) An Architect may renew his/her
				  registration prior to its specified annual expiration date by:
(1) remitting the correct fee to the Board;
				  and
(2) providing the information
				  or documentation requested by the annual registration renewal notice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.66 - Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a) Once the Revocation or Surrender of an
				  Architect's registration is effective, the registration may be reinstated only
				  after an application for reinstatement is properly submitted and approved and
				  the prescribed reinstatement fee is paid. THE BOARD IS NOT PERMITTED TO
				  REINSTATE A CERTIFICATE OF REGISTRATION WHICH IS CANCELLED BY OPERATION OF LAW
				  DUE TO THE REGISTRANT'S FAILURE TO RENEW THE REGISTRATION WITHIN 2 YEARS AFTER
				  ITS DESIGNATED EXPIRATION DATE.
(b)
				  If a reinstatement Applicant has practiced architecture unlawfully or used any
				  form of the title "architect" in violation of the Architects' Registration Law
				  since the effective date of the expiration of the Applicant's revoked
				  registration or the Surrender of the Applicant's registration, the
				  reinstatement fee to be paid upon approval of the application shall include an
				  amount equal to the sum of the registration renewal fees for each year since
				  the effective date of the expiration or Surrender.
(c) An application for reinstatement may be
				  denied on the following grounds:
(1) the
				  registration has been revoked for a continuous period of five (5) years or
				  longer;
(2) the reinstatement
				  Applicant has performed an act, omitted an act or allowed an omission, or
				  otherwise engaged in a practice that could serve as the basis for the rejection
				  of an application for registration or for the Revocation of a registration;
				  or
(3) the registration was
				  voluntarily Surrendered in lieu of potential disciplinary action and the Board
				  finds that the approval of the reinstatement application does not appear to be
				  in the public's interest.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.67 - Emeritus Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect
				  whose registration is in Good Standing may apply for emeritus registration
				  status on a form prescribed by the Board. In order for an Architect to obtain
				  emeritus status, the Architect must demonstrate that:
(1) he/she has been registered as an
				  architect for at least 20 years; and
(2) he/she is at least 65 years of
				  age.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.68 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect
				  whose registration is in good standing may apply for Inactive registration
				  status on a form prescribed by the Board.
(b) An Inactive Architect may not Practice
				  Architecture. The prohibition against the Practice of Architecture by Inactive
				  Architects applies to architectural projects that may be designed by
				  Nonregistrants as well as to projects that may be designed only by registered
				  Architects. If an Inactive Architect engages in the Practice of Architecture,
				  the Inactive Architect's registration may be suspended or revoked and the
				  Inactive Architect may be fined as allowed by the Architects' Registration Law
				  for each day that the Inactive Architect has engaged in the Practice of
				  Architecture.
(c) An Inactive
				  Architect shall not use his/her architectural seal during any period that
				  his/her registration is Inactive.
(d) An Inactive Architect shall pay an annual
				  fee as prescribed by the Board.
(e)
				  In order to return his/her registration to active status, an Inactive Architect
				  must:
(1) apply on a form prescribed by the
				  Board;
(2) either submit proof that
				  he/she has completed all continuing education requirements for each year the
				  registration has been Inactive if continuing education was required for that
				  year or, in lieu of completing the outstanding continuing education
				  requirements, successfully complete all sections of the current registration
				  examination during the five (5) years immediately preceding the return to
				  active status; and
(3) pay a fee as
				  prescribed by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 1.69 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  the purposes of this Section, the following definitions shall apply:
(1) Approved Subject Areas--The following are
				  the Approved Subject Areas for qualifying continuing education:
(A) Construction and Evaluation--Areas
				  related to construction contract administration and post-occupancy evaluation
				  of projects. Acceptable topics include, but are not limited to: Construction
				  Contract Administration; Bidding and Negotiation; Post Occupancy Evaluation
				  (POE); and Building Commissioning.
(B) Practice Management--areas related to the
				  management of architectural practice and the details of running a business.
				  Acceptable topics include, but are not limited to: Applicable Laws and
				  Regulations; Ethics; Insurance to Protect Owner and Public; Business
				  Management; Risk Management; Information Management; Design for Community
				  Needs; and Supervisor Training.
(C) Programming and Analysis--Areas related
				  to the evaluation of project requirements, constraints, and opportunities.
				  Acceptable topics include, but are not limited to: Land-Use Analysis;
				  Programming; Site Selection; Historic Preservation; Adaptive Reuse; Codes,
				  Regulations, and Standards; Natural Resources; Environmental Impact and
				  Ecosystem Risk Assessment; Hazardous Materials; Resilience to Natural and Human
				  Impacts; Life Safety; and Feasibility Studies.
(D) Project Development and
				  Documentation--Areas related to the integration and documentation of building
				  systems, material selection, and material assemblies into a project. Acceptable
				  topics include, but are not limited to: Construction Documents; Materials and
				  Assemblies; and Fixtures, Furnishings, & Equipment.
(E) Project Management--areas related to the
				  management of architectural projects through execution. Acceptable topics
				  include, but are not limited to: Project Delivery Methods; Contract
				  Negotiation; Pre-Design Services; Site and Soils Analysis; Consultant
				  Management; Project Scheduling; Quality Control (QA/QC); Economic Assessment;
				  and Value Engineering.
(F) Project
				  Planning and Design--areas related to the preliminary design of sites and
				  buildings. Acceptable topics include, but are not limited to: Building Systems;
				  Urban Planning; Master Planning; Building Design; Site Design; Safety and
				  Security Measures; Impacts, Adaptation and Mitigation of a Changing Climate;
				  Energy Efficiency and Positive Energy Design; Sustainability; Indoor Air
				  Quality; Ergonomics; Lighting; Acoustics; Accessibility; Construction Systems;
				  and Budget Development.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter E - FEES › Section 1.82 - Annual Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				  send an annual notice to each person who must pay a fee that is due annually.
				  Each annual notice shall be sent to the intended recipient's current address of
				  record. Every annual fee must be paid regardless of whether an annual notice is
				  received.
(b) Every Registrant must
				  pay his/her annual renewal fee on or before the designated expiration date of
				  the Registrant's certificate of registration. If a Registrant fails to pay
				  his/her annual renewal fee on or before the designated expiration date of the
				  Registrant's certificate of registration, the Board shall require that the
				  Registrant pay a penalty fee in addition to the registration renewal fee before
				  the registration may be renewed. A person whose certificate of registration has
				  expired may not engage in activities that require registration until the
				  certificate of registration has been renewed.
(c) If a Registrant fails to renew his/her
				  certificate of registration within 2 years after its designated expiration
				  date, the certificate of registration shall be cancelled by operation of law
				  without the opportunity for a formal hearing. The Board shall send a notice of
				  pending cancellation to a Registrant who fails to renew his/her certificate of
				  registration within 2 years after its designated expiration date. The notice
				  shall be sent to the Registrant's current address of record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter F - ARCHITECT'S SEAL › Section 1.101 - Seal Required

Current through Reg. 49, No. 28; July 12, 2024
As provided below, an Architect may not issue or authorize
					 the issuance of a document regulated by this Subchapter unless, pursuant to the
					 requirements of this Subchapter, the document is:
(1) sealed, signed, and dated pursuant to
				  Subsection 1.103(a), thereby indicating that it may be used for regulatory
				  approval, permitting, or construction; or
(2) labeled with the Architect's name and the
				  date and clearly marked to indicate that it may not be used for regulatory
				  approval, permitting, or construction pursuant to Subsection
				  1.103(b).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter F - ARCHITECT'S SEAL › Section 1.102 - Type and Design

Current through Reg. 49, No. 28; July 12, 2024
(a) On every
				  document requiring an Architect's seal, the Architect shall affix or cause the
				  affixation of a seal that will produce a clearly visible and legible image of
				  the seal when the document is copied or reproduced. An Architect may not affix
				  or authorize the affixation of an impression or embossing seal on a document
				  requiring a seal unless the impression or embossing seal will produce a clearly
				  visible and legible image of the seal when the document is copied or
				  reproduced.
(b) The design of an
				  Architect's seal shall be the same as the design of the sample seal shown in
				  this Subsection except that the name of the Architect and the Architect's
				  registration number shall be substituted for the name and registration number
				  shown on the sample seal. The diameter of the seal shall be no smaller than one
				  and one-half (1.5) inches.
Attached
					 Graphic
(c) A
				  document regulated by this Subchapter may be issued electronically or in any
				  other format selected by the Architect whose seal and signature are affixed to
				  the document. An Architect's seal and signature and the date of signing may be
				  affixed electronically or through any other means selected by the Architect as
				  long as the seal, signature, and date will produce a clearly visible and
				  legible image on any copy or reproduction of the document to which they are
				  affixed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter F - ARCHITECT'S SEAL › Section 1.103 - Required Use of Seal and Retention of Sealed Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction documents:
(1) On every Construction Document prepared
				  by an Architect or under an Architect's Supervision and Control, the Architect
				  shall affix or cause the affixation of:
(A)
				  the Architect's seal;
(B) the
				  Architect's signature (across the face of the seal's image or directly under or
				  adjacent to the seal's image); and
(C) the date of signing (including the month,
				  day, and year) before the Construction Document is issued by or under the
				  authority of the Architect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter F - ARCHITECT'S SEAL › Section 1.104 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in Subsection 1.105,
				  an Architect may not affix or authorize the affixation of his/her seal to any
				  document unless the document was prepared by the Architect or under the
				  Architect's Supervision and Control.
(b) If only a portion of a document was
				  prepared by an Architect or under an Architect's Supervision and Control, the
				  Architect's seal may not be affixed to the document unless:
(1) the portion of the document prepared by
				  the Architect or under the Architect's Supervision and Control is clearly
				  identified; and
(2) it is clearly
				  indicated on the document that the Architect's seal applies only to that
				  portion of the document prepared by the Architect or under the Architect's
				  Supervision and Control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter F - ARCHITECT'S SEAL › Section 1.105 - Prototypical Design

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect
				  may not affix or authorize the affixation of the Architect's seal to a
				  Prototypical Construction Document derived from a Prototypical design prepared
				  by another person unless:
(1) the Architect
				  thoroughly reviews and makes appropriate changes to all aspects of the
				  Prototypical design to adapt the Prototypical design to the specific site and
				  ensure compliance with all applicable statutes, codes, and other regulatory
				  provisions;
(2) the Architect
				  affixes or causes the affixation of the Architect's seal and signature and the
				  date of signing to each sheet or electronic equivalent of a sheet of the
				  adapted Prototypical Construction Documents in the manner described in
				  Subsection 1.103(a); and
(3) the
				  Architect accepts full responsibility for each sheet or electronic equivalent
				  of a sheet of the adapted Prototypical Construction Documents on which the
				  Architect's seal is placed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter F - ARCHITECT'S SEAL › Section 1.106 - Other Professional Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An Architect shall provide a written statement of jurisdiction to each client
				  for whom the Architect renders an architectural service in Texas.
(b) The statement of jurisdiction shall:
(1) state that "The Texas Board of
				  Architectural Examiners has jurisdiction over complaints regarding the
				  professional practices of persons registered as architects in Texas";
(2) include the Board's current mailing
				  address and telephone number; and
(3) be placed within every written contract
				  for architectural services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 1.121 - General

Current through Reg. 49, No. 28; July 12, 2024
In carrying out its responsibility to insure strict
					 enforcement of the Architects' Registration Law (the Act), the Board may
					 investigate circumstances which appear to violate or abridge the requirements
					 of the Act or the rules dealing with the Practice of Architecture and the use
					 of the title "architect." The Board also may investigate representations which
					 imply that a person or a business entity is legally authorized to offer or
					 provide architectural services to the public. Violations of the Act or the
					 rules which cannot be readily resolved through settlement shall be disposed of
					 by administrative, civil, or criminal proceedings as authorized by
					 law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 1.122 - Association

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect or a Principal, on behalf of
				  an architectural firm, who forms a business association to jointly provide
				  architectural services with any Nonregistrant who is:
(1) not an employee of the Architect or
				  architectural firm;
(2) not a
				  client of the Architect or architectural firm; and
(3) not a subcontractor nor a consultant of
				  the Architect or architectural firm under contract with a client except as
				  described in subsection (e); shall, prior to providing architectural services
				  on behalf of the business association, enter into a written agreement of
				  association with the Nonregistrant whereby the Architect or the architectural
				  firm agrees to be responsible for the preparation of all Construction Documents
				  issued by the association.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 1.123 - Titles

Current through Reg. 49, No. 28; July 12, 2024
(a) Architects duly registered in Texas are
				  authorized to use any form of the word "architect" or the word "architecture"
				  to describe themselves and to describe services they offer and perform in
				  Texas.
(b) A firm, partnership,
				  corporation, or other business association may use any form of the word
				  "architect" or the word "architecture" in its name or to describe services it
				  offers or performs in Texas only under the following conditions:
(1) The business employs at least one
				  Architect on a full-time basis or associates with at least one Architect
				  pursuant to the provisions of section 1.122; and
(2) The Architect(s) employed by or
				  associated with the business pursuant to subsection (b)(1) of this section
				  exercise Supervision and Control over all architectural services performed by
				  nonregistrants on behalf of the business, or in the case of services rendered
				  pursuant to section 1.122(e), exercise, at a minimum, Responsible Charge over
				  all such services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 1.124 - Business Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  architectural firm or other business entity that offers or provides
				  architectural services in Texas must annually register information regarding
				  the firm or business entity with the Board, including an email address to which
				  all TBAE correspondence will be sent.
(b) An Architect or an architectural firm
				  which enters into an agreement to create a business association pursuant to
				  §
										1.122 of
				  this title (relating to Association) shall annually register the association
				  with the Board, including an email address to which all TBAE correspondence
				  will be sent.
(c) If an
				  architectural firm, business entity, or association dissolves or otherwise
				  becomes unable to lawfully offer or provide architectural services in Texas,
				  the architectural firm, business entity, or association shall so notify the
				  Board in writing. Such notification must be postmarked or otherwise provided
				  within 30 days of the date of dissolution or the date the architectural firm,
				  business entity, or association became unable to lawfully offer or provide
				  architectural services. Such an architectural firm, business entity, or
				  association may not continue to offer or provide architectural services unless
				  it employs or contracts with an Architect to offer or provide service and
				  updates its registration within that 30 day period.
(d) An Architect who is a sole practitioner
				  doing business under his/her name, which is registered with the Board, is
				  exempt from the requirements of subsections (a) - (c) of this
				  section.
(e) Each registered
				  architectural firm, business entity, or association shall annually renew its
				  unexpired registration and pay a renewal fee not later than the anniversary of
				  the date of its initial registration. Each registered architectural firm,
				  business entity, and association shall pay a registration renewal fee to renew
				  an expired registration in an amount equal to 1-1/2 times the normally required
				  renewal fee if the registration has been expired for 90 days or less and in an
				  amount equal to twice the normally required renewal fee if the registration has
				  been expired for longer than 90 days. A firm, business entity, or association
				  which offers or renders two or more professional disciplines regulated by the
				  Board shall pay a single registration fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.141 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules of professional conduct are
				  promulgated pursuant to the Architects' Registration Law (the Act), Chapter
				  1051, Texas Occupations Code, which directs the Board to make all rules
				  consistent with the laws and constitution of Texas which are reasonably
				  necessary for the regulation of the practice of architecture and the
				  enforcement of the Act. Except as otherwise noted, these rules of professional
				  conduct apply only to situations which are directly or indirectly related to
				  the practice of architecture.
(b)
				  The Board may revoke, suspend, or refuse to renew an Architect's certificate of
				  registration, place on probation an Architect whose certificate of registration
				  has been suspended, reprimand an Architect, or assess an administrative penalty
				  against an Architect for a violation of any provision of these rules of
				  professional conduct or other provisions of the Rules and Regulations of the
				  Board or the Act. The Board also may take action against an Applicant pursuant
				  to section 1.151. A single instance of misconduct may be grounds for
				  disciplinary action by the Board.
(c) Upon a finding of professional
				  misconduct, the Board shall consider the following factors in determining an
				  appropriate sanction or sanctions:
(1) the
				  seriousness of the conduct, including the hazard or potential hazard to the
				  health or safety of the public;
(2)
				  the economic damage or potential damage to property caused by the
				  misconduct;
(3) the respondent's
				  history concerning previous grounds for sanction;
(4) the sanction necessary to deter future
				  misconduct;
(5) efforts to correct
				  the misconduct; and
(6) any other
				  matter justice may require.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.142 - Competence

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect shall undertake to perform a
				  professional service only when the Architect, together with those whom the
				  Architect shall engage as consultants, is qualified by education and/or
				  experience in the specific technical areas involved. During the delivery of a
				  professional service, an Architect shall act with reasonable care and
				  competence and shall apply the technical knowledge and skill which is
				  ordinarily applied by reasonably prudent architects practicing under similar
				  circumstances and conditions.
(b)
				  An Architect shall not affix his/her signature or seal to any architectural
				  plan or document dealing with subject matter in which he/she is not qualified
				  by education and/or experience to form a reasonable judgment.
(c) "Gross Incompetency" shall be grounds for
				  disciplinary action by the Board. An Architect may be found guilty of "Gross
				  Incompetency" under any of the following circumstances:
(1) the Architect has engaged in conduct that
				  provided evidence of an inability or lack of skill or knowledge necessary to
				  discharge the duty and responsibility required of an Architect;
(2) the Architect engaged in conduct which
				  provided evidence of an extreme lack of knowledge of, or an inability or
				  unwillingness to apply, the principles or skills generally expected of a
				  reasonably prudent architect under the same or similar circumstances and
				  conditions;
(3) the Architect has
				  been adjudicated mentally incompetent by a court; or
(4) pursuant to §
											1.150(b)
				  of this title (relating to Substance Abuse).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.143 - Recklessness

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect shall not practice
				  architecture in any manner which, when measured by generally accepted
				  architectural standards or procedures, is reasonably likely to result or does
				  result in the endangerment of the safety, health, or welfare of the
				  public.
(b) "Recklessness" shall be
				  grounds for disciplinary action by the Board. "Recklessness" shall include the
				  following practices:
(1) conduct which
				  indicates that the Architect is aware of yet consciously disregards a
				  substantial risk of such a nature that its disregard constitutes a significant
				  deviation from the standard of care that a reasonably prudent architect would
				  exercise under the circumstances;
(2) knowing failure to exercise ordinary care
				  and attention toward the intended result when a procedure, technique, material,
				  or system is employed as a result of a decision made by the Architect and such
				  failure jeopardizes any person's health, safety, or welfare; or
(3) action which demonstrates a conscious
				  disregard for compliance with a statute, regulation, code, ordinance, or
				  recognized standard applicable to the design or construction of a particular
				  project when such disregard jeopardizes any person's health, safety, or
				  welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.144 - Dishonest Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect
				  may not directly or indirectly perform an act, omit an act or allow an
				  omission, make an assertion, or otherwise engage in a practice with the intent
				  to:
(1) defraud;
(2) deceive; or
(3) create a misleading impression.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.145 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) If an Architect
				  has any business association or financial interest which might reasonably
				  appear to influence the Architect's judgment in connection with the performance
				  of a professional service and thereby jeopardize an interest of the Architect's
				  current or prospective client or employer, the Architect shall promptly inform
				  the client or employer in writing of the circumstances of the business
				  association or financial interest.
(b) An Architect shall not solicit or accept,
				  directly or indirectly, any financial or other valuable consideration, material
				  favor, or other benefit of any substantial nature, financial or otherwise, from
				  more than one party in connection with a single project or assignment unless
				  the circumstances are fully disclosed in writing to all parties.
(c) An Architect shall not solicit or accept,
				  directly or indirectly, any financial or other valuable consideration, material
				  favor, or other benefit of any substantial nature from any supplier of
				  materials or equipment or from any contractor or any consultant in connection
				  with any project on which the Architect is performing or has contracted to
				  perform architectural services unless the circumstances are fully disclosed in
				  writing to all parties.
(d) The
				  phrase "benefit of any substantial nature" is defined to mean any act, article,
				  money, or other material consideration which is of such value or proportion
				  that its acceptance creates an obligation or the appearance of an obligation on
				  the part of the Architect or otherwise could adversely affect the Architect's
				  ability to exercise his/her own judgment without regard to such
				  benefit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.146 - Responsibility to the Architectural Profession

Current through Reg. 49, No. 28; July 12, 2024
(a) An Architect shall not:
(1) knowingly participate, directly or
				  indirectly, in any plan, scheme, or arrangement having as its purpose the
				  violation of any provision of the Act or any provision of the Rules and
				  Regulations of the Board;
(2) aid
				  or abet, directly or indirectly:
(A) any
				  unregistered person in connection with the unauthorized practice of
				  architecture;
(B) any business
				  entity in the practice of architecture unless carried on in accordance with the
				  Act; or
(C) any person or any
				  business entity in the use of a professional seal or other professional
				  identification so as to create the opportunity for the unauthorized practice of
				  architecture by any person or any business entity;
(3) fail to exercise reasonable care or
				  diligence to prevent his/her partners, associates, shareholders, and employees
				  from engaging in conduct which, if done by him/her, would violate any provision
				  of the Act or any provision of the Rules and Regulations of the
				  Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.147 - Professional Services Procurement Act

Current through Reg. 49, No. 28; July 12, 2024
An Architect shall neither submit a competitive bid to nor
					 solicit a competitive bid on behalf of any governmental entity that is
					 prohibited by the Professional Services Procurement Act, Subchapter A, Chapter
					 2254, Government Code, from making a selection or awarding a contract on the
					 basis of competitive bids. For purposes of this section, the term "competitive
					 bid" means information which specifies the fee charged by an Architect for a
					 professional service, including information from which such fee may be
					 extrapolated or indirectly determined. An Architect may disclose to a
					 governmental entity the fee for a professional service, including information
					 found in a fee schedule, only after the governmental entity has selected the
					 Architect on the basis of demonstrated competence and qualifications pursuant
					 to the Professional Services Procurement Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.148 - Prevention of Unauthorized Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  Architect shall not practice or offer to practice architecture in any
				  governmental jurisdiction in which to do so would be in violation of a law
				  regulating the practice of architecture in that jurisdiction.
(b) The revocation, suspension, refusal to
				  renew, or denial of a registration to practice architecture in another
				  jurisdiction shall be sufficient cause for the revocation, suspension, refusal
				  to renew, or denial of a registration to practice architecture in the State of
				  Texas.
(c) An Architect who fails
				  to renew his/her certificate of registration prior to its annual expiration
				  date shall not use the title "architect" and shall not "practice architecture"
				  as defined by §
										1051.001 of the Texas
				  Occupations Code until after the Architect's certificate of registration has
				  been properly renewed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.149 - Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Chapter
				  53, Texas
				  Occupations Code and §
										2005.052, Texas
				  Government Code, the Board may suspend or revoke an existing certificate of
				  registration, disqualify a person from receiving a certificate of registration,
				  issue a provisional license subject to the terms and limitations of §
										1.27 of
				  this chapter (relating to Provisional Licensure), or deny to a person the
				  opportunity to be examined for a certificate of registration because of the
				  person's conviction for committing an offense if:
(1) the offense directly relates to the
				  duties and responsibilities of an Architect;
(2) the offense is listed in Article
				  42A.054,
				  Texas Code of Criminal Procedure; or
(3) the offense is a sexually violent
				  offense, as defined by Article
				  62.001,
				  Texas Code of Criminal Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.150 - Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) If in the
				  course of a disciplinary proceeding, it is found by the Board that an
				  Architect's abuse of alcohol or a controlled substance, as defined by the Texas
				  Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to
				  a violation of the Act or the Rules and Regulations of the Board, the Board may
				  condition its disposition of the disciplinary matter on the Architect's
				  completion of a rehabilitation program approved by the Texas Commission on
				  Alcohol and Drug Abuse that may include rehabilitation at a facility also
				  approved by the Commission.
(b) An
				  Architect's abuse of alcohol or a controlled substance that results in the
				  impairment of the Architect's professional skill so as to cause a direct threat
				  to the property, safety, health, or welfare of the public may be deemed "Gross
				  Incompetency" and may be grounds for the indefinite suspension of an
				  Architect's certificate of registration until such time as he or she is able to
				  demonstrate to the Board's satisfaction that the reasons for suspension no
				  longer exist and that the termination of the suspension would not endanger the
				  public.
(c) In order to determine
				  whether abuse of alcohol or a controlled substance contributed to a violation
				  or has resulted in "gross incompetency," the Board may order an examination by
				  one or more health care providers trained in the diagnosis or treatment of
				  substance abuse.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.151 - Effect of Enforcement Proceedings on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The application of an Applicant against
				  whom the Board has initiated an enforcement proceeding may be held at the
				  Board's discretion, without approval, disapproval, or denial until:
(1) all enforcement proceedings have been
				  terminated by a final judgment or order and the time for appeal has expired, or
				  if an appeal is taken, such appeal has been terminated;
(2) the Applicant is in full compliance with
				  all orders and judgments of the court, all orders and rules of the Board, and
				  all provisions of the Act; and
(3)
				  the Applicant has complied with all requests of the Board for information
				  related to such compliance, upon which the Board shall complete the
				  consideration of the application in the regular order of business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 1.153 - Deferred Adjudication

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  §
										1.27 and
				  §
										1.149 of
				  this chapter (relating to Provisional Licensure and Criminal Convictions), a
				  person is not convicted for committing a criminal offense if:
(1) the person entered a plea of guilty or
				  nolo contendere;
(2) the court
				  deferred further proceedings without entering an adjudication of guilt and
				  placed the person under the supervision of the court or an officer of the
				  court; and
(3) at the conclusion of
				  a period of supervision, the judge dismissed the proceedings and discharged the
				  person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.161 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall provide a system of procedures for the
					 initiation, investigation, prosecution, hearing and resolution of disciplinary
					 matters and allegations involving persons who are subject to the jurisdiction
					 of the Texas Board of Architectural Examiners.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.162 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing
				  any period of time prescribed by this subchapter, by order of the Board, or by
				  other applicable statutory provision or rule, the period shall begin on the day
				  after the act or the event considered and conclude at the end of the last day
				  of such period unless the last day falls on a Saturday, Sunday, or official
				  national or Texas state holiday, in which case the period shall run until the
				  end of the next day which is not a Saturday, Sunday, or official national or
				  Texas state holiday.
(b) A person
				  shall be presumed to have received all pleadings and other notices upon a
				  showing that such materials were sent to the respondent's last known address;
				  the materials were sent by United States mail, first class postage prepaid; a
				  return address was affixed to the exterior of the mailing materials and the
				  materials were not returned; and in excess of seven days has elapsed from
				  placement of the materials into the United States mail.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.164 - Initiating a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  may initiate a Contested Case proceeding in response to:
(1) a written complaint filed by a member of
				  the public;
(2) information
				  provided in a registration application or renewal form; or
(3) other information known to the Board
				  which establishes probable cause.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.165 - Informal Disposition of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) A Contested Case may be resolved
				  informally at any time.
(b) If the
				  respondent agrees in writing to a settlement agreement and the Executive
				  Director executes the written settlement agreement, the settlement agreement
				  shall be presented to the Board for approval or rejection. The settlement
				  agreement must include written findings of fact and conclusions of law and may
				  be in the form of a consent order, letter of reprimand, or other format
				  approved by the Executive Director.
(c) If the Board rejects a settlement
				  agreement, the respondent shall have the opportunity to agree to alternative
				  settlement terms approved by the Board. If the respondent does not agree to
				  alternative settlement terms approved by the Board, the case shall be referred
				  to the State Office of Administrative Hearings for a formal hearing.
(d) If the respondent and the Executive
				  Director do not agree in writing to a settlement agreement, the case shall be
				  referred to the State Office of Administrative Hearings for a formal
				  hearing.
(e) An informal
				  disposition may be made of a Contested Case by default. Default occurs whenever
				  a respondent neither answers nor makes other written response to the filing of
				  a Complaint or Petition at the State Office of Administrative Hearings alleging
				  a violation of any law or Rule over which TBAE possesses jurisdiction. Default
				  also occurs if the respondent fails to appear at a scheduled and properly
				  noticed hearing to be conducted by the State Office of Administrative
				  Hearings.
(f) The Board and the
				  Executive Director shall take into account the following factors when
				  considering a proposed settlement agreement:
(1) the nature, circumstances, extent, and
				  gravity of any relevant act or omission;
(2) the hazard or potential hazard to the
				  health, safety or welfare of the public;
(3) the economic harm resulting from the
				  conduct;
(4) the respondent's
				  history concerning any previous ground for sanction;
(5) the severity of penalty necessary to
				  effectuate specific and general deterrence;
(6) any effort by the respondent to take
				  prompt remedial action;
(7) the
				  economic benefit gained by the respondent as a result of the conduct;
(8) any other matter justice may require;
				  and
(9) When considering a referral
				  from the Texas Department of Licensing and Regulation, in addition to the
				  factors described in this subsection, the Board shall consider the actual
				  number of days that the submission was late.