SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 1051.001 - Definitions
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...
- Texas Section 1051.0015 - Purpose Of Registration Requirement
The purpose of Section 1051.701(a) is to: (1) safeguard life, health, property, and the public welfare; and (2) protect the public against the irresponsible practice...
- Texas Section 1051.0016 - Practices Of Architecture And Engineering
(a) In this chapter, "architectural plans and specifications" include: (1) floor plans and details: (A) depicting the design of: (i) internal and external walls and...
- Texas Section 1051.002 - Effect On Municipality
This subtitle does not: (1) preempt a municipal ordinance; or (2) restrict or expand the authority of a municipality. Added by Acts 2001, 77th Leg.,...
SUBCHAPTER B TEXAS BOARD OF ARCHITECTURAL EXAMINERS
- Texas Section 1051.003 - Application Of Sunset Act
The Texas Board of Architectural Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter,...
- Texas Section 1051.101 - Board Membership
(a) The Texas Board of Architectural Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:...
- Texas Section 1051.102 - Eligibility Of Public Members
A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is registered, certified,...
- Texas Section 1051.103 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 1051.104 - Terms; Vacancy
(a) Board members serve staggered six-year terms. The terms of three members expire on January 31 of each odd-numbered year. (b) If a vacancy occurs...
- Texas Section 1051.105 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications...
- Texas Section 1051.106 - Per Diem; Reimbursement
(a) A board member is entitled to receive a per diem for each day that the member engages in board business. (b) A board member...
- Texas Section 1051.107 - Officers
(a) The governor shall designate one board member as presiding officer to serve in that capacity at the pleasure of the governor. (b) The board...
- Texas Section 1051.108 - Meetings
(a) The board shall hold at least two regular meetings each year at a time and place determined by the board to: (1) transact its...
- Texas Section 1051.109 - Office Location
The board shall maintain an office in Austin. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
- Texas Section 1051.110 - Board Member Activities
Membership on the board does not prohibit a member from performing any work or providing any service on a state, county, municipal, or other public...
- Texas Section 1051.111 - Filing Of Oath
Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 1051.112 - Training
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as...
- Texas Section 1051.151 - Executive Director; Duties Regarding Money
(a) The board may employ an executive director to conduct the affairs of the board under the board's direction. The executive director shall receive a...
- Texas Section 1051.152 - Personnel
The board shall employ clerical and other assistants as necessary to properly perform the board's work. Added by Acts 2001, 77th Leg., ch. 1421, Sec....
- Texas Section 1051.153 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 1051.154 - Qualifications And Standards Of Conduct Information
The executive director or the executive director's designee shall provide to members of the board and to agency employees, as often as necessary, information regarding...
- Texas Section 1051.155 - Career Ladder Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 1051.156 - Equal Employment Opportunity Policy; Report
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity...
- Texas Section 1051.201 - Scope Of Administrative Authority
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...
- Texas Section 1051.202 - General Rulemaking Authority
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...
- Texas Section 1051.203 - Rules Restricting Advertising Or Competitive Bidding
(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)...
- Texas Section 1051.204 - Subpoena
(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...
- Texas Section 1051.205 - Public Records
(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...
- Texas Section 1051.206 - Board Seal
(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...
- Texas Section 1051.207 - Rules On Consequences Of Criminal Conviction
The board shall adopt rules as necessary to comply with Chapter 53. Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1,
- Texas Section 1051.208 - Standards Of Conduct
The board by rule shall establish standards of conduct for persons regulated under this subtitle. Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21,...
- Texas Section 1051.209 - Attorney General As Legal Advisor
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...
- Texas Section 1051.210 - Technology Policy
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...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 1051.211 - Negotiated Rulemaking And Alternative Dispute Resolution
(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...
- Texas Section 1051.251 - Public Interest Information; Display Of Certificate
(a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and...
- Texas Section 1051.252 - Complaints
(a) The board by rule shall establish a comprehensive procedure for receiving and adjudicating complaints from consumers and service recipients. The rules must address each...
- Texas Section 1051.253 - Complaint Information
(a) The board shall maintain a file on each complaint filed with the board that the board has authority to resolve. The file must include:...
SUBCHAPTER F GENERAL REGISTRATION REQUIREMENTS
- Texas Section 1051.254 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 1051.301 - Administration Of Examination To Disabled Applicants
The board by rule shall ensure that an examination under this subtitle is administered to applicants with disabilities in compliance with the Americans with Disabilities...
- Texas Section 1051.302 - Examination Fee
Notwithstanding Section 2113.203, Government Code, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G RENEWAL OF CERTIFICATE OF REGISTRATION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H GENERAL DISCIPLINARY PROCEDURES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER I ADMINISTRATIVE PENALTY
- Texas Section 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...
- Texas Section 1051.451 - Imposition Of Administrative Penalty
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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER J OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 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...
- Texas Section 1051.501 - General Enforcement Authority
(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...
- Texas Section 1051.502 - Injunctive Relief
(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...
- Texas Section 1051.503 - Cumulative Effect Of Provisions
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...
- Texas Section 1051.504 - Cease And Desist Order
(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...
SUBCHAPTER K GENERAL PROVISIONS: ARCHITECTS
- Texas Section 1051.505 - Restitution
(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...
SUBCHAPTER L EXEMPTIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER M BOARD POWERS AND DUTIES: ARCHITECTS
- Texas Section 1051.607 - List Of Engineers Permitted To Engage In Practice Of Architecture
(a) The board shall maintain a list of engineers licensed under Chapter 1001 who are authorized to engage in the practice of architecture based on...
- Texas Section 1051.651 - Fees
(a) The board may set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover...
- Texas Section 1051.653 - Examination Fee Scholarships
(a) The board shall administer scholarships to applicants for examination under this article in a manner the board determines best serves the public purpose of:...
SUBCHAPTER N REGISTRATION OF ARCHITECTS
- Texas Section 1051.654 - Design And Approval Of Architect's Seal
(a) The board shall prescribe and approve the seal to be used by an architect. (b) The design of the seal must be the same...
- Texas Section 1051.701 - Registration Required
(a) A person may not engage in the practice of architecture, or offer or attempt to engage in the practice of architecture, as defined in...
- Texas Section 1051.702 - Use Of Architect's Seal
(a) An architect shall maintain a seal as approved by the board and shall stamp or impress the seal on each drawing or specification issued...
- Texas Section 1051.703 - Certain Plans Or Specifications To Be Prepared Only By Architect
(a) An architectural plan or specification for any of the following may be prepared only by an architect: (1) a new building or modification of...
- Texas Section 1051.704 - Examination; Issuance Of Certificate
The board shall: (1) examine each applicant for registration on any architectural subject or procedure the board requires; and (2) issue a certificate of registration...
SUBCHAPTER O DISCIPLINARY PROCEDURES FOR ARCHITECTS
- Texas Section 1051.705 - Eligibility And Application For Examination
(a) A person may apply for an examination under this chapter if the person: (1) is a graduate of a recognized university or college of...
- Texas Section 1051.751 - Disciplinary Powers Of Board
(a) On a determination that a ground for discipline exists under Section 1051.752, the board shall: (1) revoke, suspend, or refuse to renew a certificate...
SUBCHAPTER P OTHER PENALTIES AND ENFORCEMENT PROVISIONS: ARCHITECTS
- Texas Section 1051.752 - Grounds For Disciplinary Action
A person is subject to disciplinary action under Section 1051.751 for: (1) a violation of this subtitle or a board rule adopted under this subtitle...
- Texas Section 1051.801 - Criminal Penalty
(a) A person, whether acting independently or on behalf of the person's firm, commits an offense if, in violation of this chapter, the person: (1)...