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Texas Occupations Code - Chapter 1051 Texas Board Of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, And Interior Designers; Provisions Affecting Only ArchitectsLegal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Chapter 1051 Texas Board Of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, And Interior Designers; Provisions Affecting Only Architects In this subtitle: (1) "Architect" means a person registered under this chapter to engage in the practice of architecture. (2) "Board" means the Texas Board ... The purpose of Section 1051.301(a) is to: (1) safeguard life, health, property, and the public welfare; and (2) protect the public against the irresponsible practice ... This subtitle does not: (1) preempt a municipal ordinance; or (2) restrict or expand the authority of a municipality. Added by Acts 2001, 77th Leg., ... The Texas Board of Architectural Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ... (a) The Texas Board of Architectural Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows: ... A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is registered, certified, ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to ... (a) Board members serve staggered six-year terms. The terms of three members expire on January 31 of each odd-numbered year. (b) If a vacancy occurs ... (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications ... (a) A board member is entitled to receive a per diem for each day that the member engages in board business. (b) A board member ... (a) The governor shall designate one board member as presiding officer to serve in that capacity at the pleasure of the governor. (b) Each January, ... (a) The board shall hold at least two regular meetings each year at a time and place determined by the board to: (1) transact its ... The board shall maintain an office in Austin. Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003. ... Membership on the board does not prohibit a member from performing any work or providing any service on a state, county, municipal, or other public ... Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken ... (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ... (a) The board may employ an executive director to conduct the affairs of the board under the board's direction. The executive director shall receive a ... The board shall employ clerical and other assistants as necessary to properly perform the board's work. Added by Acts 2001, 77th Leg., ch. 1421, § ... The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and ... The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding ... (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry ... (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ... The executive director or the executive director's designee shall provide to board employees information and training on the benefits and methods of participation in the ... The powers granted and duties delegated to the board under this chapter are in addition to the powers granted and duties delegated to the board ... The board shall adopt reasonable rules and bylaws and prescribe forms as necessary to administer or enforce this subtitle, including rules regulating the practices of ... (a) The board may not adopt rules restricting advertising or competitive bidding by a certificate holder except to prohibit false, misleading, or deceptive practices. (b) ... (a) The board may request and, if necessary, compel by subpoena: (1) the attendance of witnesses for examination under oath; and (2) the production for ... (a) The secretary-treasurer of the board shall keep records of all board proceedings and all money received or spent by the board. (b) The records ... (a) The board shall adopt a seal and shall use the seal on official documents. (b) The design of the seal must include a five-pointed ... The board shall adopt rules as necessary to comply with Chapter 53. Added by Acts 2003, 78th Leg., ch. 331, § 1.21, eff. Sept. 1, ... The board by rule shall establish standards of conduct for persons regulated under this subtitle. Added by Acts 2003, 78th Leg., ch. 331, § 1.21, ... The attorney general shall act as legal advisor to the board and shall provide legal assistance to enforce this subtitle. This section does not relieve ... The board shall develop and implement a policy that requires the executive director and board employees to research and propose appropriate technological solutions to improve ... (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the ... (a) The Joint Advisory Committee on the Practices of Engineering, Architecture, and Landscape Architecture is an advisory committee to the board and to the Texas ... The board may recommend to municipalities a rehabilitation code and prescriptive provisions for rehabilitation for adoption under Section 214.215, Local Government Code. In making its ... (a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and ... (a) The board by rule shall establish a comprehensive procedure for receiving and adjudicating complaints from consumers and service recipients. The rules must address each ... (a) The board shall maintain a file on each complaint filed with the board that the board has authority to resolve. The file must include: ... (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on ... The board by rule shall ensure that an examination under this subtitle is administered to applicants with disabilities in compliance with the Americans with Disabilities ... Notwithstanding Section 2113.203, Government Code, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the ... 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 ... (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 ... (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 ... 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 ... 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 ... (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 ... 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 ... (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. ... (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 ... (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 ... (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 ... (a) The board by rule shall establish a procedure by which an architect may place the person's certificate of registration on emeritus status. The person ... (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 ... 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 ... 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 may impose an administrative penalty on a person who engages in conduct for which the person is subject to disciplinary action under this ... (a) The amount of an administrative penalty may not exceed $5,000. (b) In determining the amount of a penalty, the board shall consider: (1) the ... (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 ... (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 ... (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 ... 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 ... (a) If the person on whom an administrative penalty is imposed is an architect, the board's order becomes final as provided by Section 2001.144, Government ... 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 ... 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 ... (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 ... (a) A violation of this subtitle shall be reported to the board. (b) The board shall ensure that enforcement action is taken against a person ... (a) The board may bring an action in its name to enjoin or restrain a person from violating this subtitle, a rule adopted under this ... An action or penalty authorized by this subtitle is in addition to any other action or penalty provided by law. Added by Acts 2001, 77th ... (a) If it appears to the board that a person who is not registered under this subtitle is violating or has violated this subtitle, a ... (a) The board may order a person registered under this subtitle to pay restitution to a consumer instead of or in addition to assessing an ... (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 ... (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 ... 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 ... 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. ... 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. ... (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 ... (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 ... (a) The board may set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover ... (a) The fee for the issuance of a certificate to an applicant possessing a license or certificate to practice architecture in another state and the ... (a) The board shall administer scholarships to applicants for examination under this article in a manner the board determines best serves the public purpose of: ... (a) The board shall prescribe and approve the seal to be used by an architect. (b) The design of the seal must be the same ... (a) A person may not engage in the practice of architecture, or offer or attempt to engage in the practice of architecture, as defined in ... (a) An architect shall maintain a seal as approved by the board and shall stamp or impress the seal on each drawing or specification issued ... (a) An architectural plan or specification for any of the following may be prepared only by an architect: (1) a new building or modification of ... The board shall: (1) examine each applicant for registration on any architectural subject or procedure the board requires; and (2) issue a certificate of registration ... (a) A person may apply for an examination under this chapter if the person: (1) is a graduate of a recognized university or college of ... (a) On a determination that a ground for discipline exists under Section 1051.752, the board shall: (1) revoke, suspend, or refuse to renew a certificate ... A person is subject to disciplinary action under Section 1051.751 for: (1) a violation of this subtitle or a board rule adopted under this subtitle ... (a) A person, whether acting independently or on behalf of the person's firm, commits an offense if, in violation of this chapter, the person: (1) ... Last modified: August 11, 2007 |
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