CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL PROVISIONS AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS; PROVISIONS AFFECTING ONLY ARCHITECTS
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
ARTICLE 1. GENERAL PROVISIONS; BOARD OF ARCHITECTURAL EXAMINERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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 of Architectural Examiners.
(3) "Interior design" means the:
(A) identification, research, or development of a creative
solution to a problem relating to the function or quality of an
interior environment;
(B) performance of a service relating to an interior space,
including programming, design analysis, space planning of
non-load-bearing interior construction, and application of
aesthetic principles, by using specialized knowledge of interior
construction, building codes, equipment, materials, or
furnishings; or
(C) preparation of an interior design plan, specification, or
related document about the design of a non-load-bearing interior
space.
(4) "Interior designer" means a person registered under this
subtitle to practice interior design.
(5) "Landscape architect" means a person registered under this
subtitle to practice landscape architecture.
(6) "Landscape architecture":
(A) means the art and science of landscape analysis, landscape
planning, and landscape design;
(B) includes the performance of professional services such as
consultation, investigation, research, the preparation of general
development and detailed site design plans, the preparation of
studies, the preparation of specifications, and responsible
supervision related to the development of landscape areas for:
(i) the planning, preservation, enhancement, and arrangement of
land forms, natural systems, features, and plantings, including
ground and water forms;
(ii) the planning and design of vegetation, circulation, walks,
and other landscape features to fulfill aesthetic and functional
requirements;
(iii) the formulation of graphic and written criteria to govern
the planning and design of landscape construction development
programs, including:
(a) the preparation, review, and analysis of master and site
plans for landscape use and development;
(b) the analysis of environmental and physical considerations
related to land use;
(c) the preparation of drawings, construction documents, and
specifications; and
(d) construction observation;
(iv) design coordination and review of technical submissions,
plans, and construction documents prepared by persons working
under the direction of the landscape architect;
(v) the preparation of feasibility studies, statements of
probable construction costs, and reports and site selection for
landscape development and preservation;
(vi) the integration, site analysis, and determination of the
location of buildings, structures, and circulation and
environmental systems;
(vii) the analysis and design of:
(a) site landscape grading and drainage;
(b) systems for landscape erosion and sediment control; and
(c) pedestrian walkway systems;
(viii) the planning and placement of uninhabitable landscape
structures, plants, landscape lighting, and hard surface areas;
(ix) the collaboration of landscape architects with other
professionals in the design of roads, bridges, and structures
regarding the functional, environmental, and aesthetic
requirements of the areas in which they are to be placed; and
(x) field observation of landscape site construction,
revegetation, and maintenance; and
(C) does not include:
(i) traffic, roadway, or pavement engineering;
(ii) the design of utilities;
(iii) the engineering or study of hydrologic management of
stormwater systems or floodplains;
(iv) the making of final plats; or
(v) a service or function within the practice of architecture,
engineering, or public surveying as defined by this chapter or
Chapter 1001 or 1071.
(7) "Practice of architecture" means a service or creative work
applying the art and science of developing design concepts,
planning for functional relationships and intended uses, and
establishing the form, appearance, aesthetics, and construction
details for the construction, enlargement, or alteration of a
building or environs intended for human use or occupancy, the
proper application of which requires education, training, and
experience in those matters. The term includes:
(A) establishing and documenting the form, aesthetics,
materials, and construction technology for a building, group of
buildings, or environs intended to be constructed or altered;
(B) preparing, or supervising and controlling the preparation
of, the architectural plans and specifications that include all
integrated building systems and construction details, unless
otherwise permitted under Section 1051.606(a)(4);
(C) observing the construction, modification, or alteration of
work to evaluate conformance with architectural plans and
specifications described in Paragraph (B) for any building, group
of buildings, or environs requiring an architect;
(D) programming for construction projects, including
identification of economic, legal, and natural constraints and
determination of the scope and spatial relationship of functional
elements;
(E) recommending and overseeing appropriate construction project
delivery systems;
(F) consulting, investigating, and analyzing the design, form,
aesthetics, materials, and construction technology used for the
construction, enlargement, or alteration of a building or
environs and providing expert opinion and testimony as necessary;
(G) research to expand the knowledge base of the profession of
architecture, including publishing or presenting findings in
professional forums; and
(H) teaching, administering, and developing pedagogical theory
in academic settings offering architectural education.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
208, Sec. 1, eff. September 1, 2005.
Sec. 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 of
architecture.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.051, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1360, Sec. 1, eff. September 1, 2007.
Sec. 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., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.04, eff.
Sept. 1, 2003.
Sec. 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, the board is abolished and this
subtitle expires September 1, 2015.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003; Renumbered from Occupations Code Sec. 1051.004 and amended
by Acts 2003, 78th, ch. 331, Sec. 1.04, eff. Sept. 1, 2003.
SUBCHAPTER B. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Sec. 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:
(1) four architect members registered under this chapter;
(2) one interior designer member registered under Chapter 1053;
(3) one landscape architect member registered under Chapter
1052; and
(4) three members who represent the public, at least one of whom
is a person with a physical disability.
(b) Not more than one board member may be:
(1) a stockholder or owner of an interest in a school or college
that teaches architecture, interior design, or landscape
architecture; or
(2) a full-time member of the faculty or administration of the
architecture, interior design, or landscape architecture
department of a school or college whose position is the primary
employment of the board member.
(c) Except as provided by Subsection (a)(4), appointments to the
board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.06, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1360, Sec. 2, eff. September 1, 2007.
Sec. 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, or licensed by an occupational
regulatory agency in the field of architecture, interior design,
or landscape architecture;
(2) is employed by or participates in the management of a
business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the board or receiving funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of architecture, interior
design, or landscape architecture; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
architecture, interior design, or landscape architecture.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation 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. 1.07, eff.
Sept. 1, 2003.
Sec. 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 during a member's term, the governor
shall appoint a replacement to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 required by Section 1051.101;
(2) does not maintain during service on the board the
qualifications required by Section 1051.101;
(3) is ineligible for membership under Section 1051.102 or
1051.103;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.08, eff.
Sept. 1, 2003.
Sec. 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 is entitled to receive reimbursement for
travel expenses, including food, lodging, and transportation
expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 annually shall elect from its members an assistant
presiding officer.
(c) The board shall appoint a secretary-treasurer of the board
to serve at the pleasure of the board.
(d) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(41).
(e) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(41).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(41), eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1360, Sec. 3, eff. September 1, 2007.
Sec. 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 business; and
(2) examine each applicant for registration under this chapter.
(b) Special meetings of the board must be called by the
presiding officer or, if the presiding officer is absent from the
state or is unable to act, by the assistant presiding officer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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.
Sec. 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
building or work for a fee or other direct compensation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 by the member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this subtitle;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Acts 2003, 78th Leg., ch. 331, Sec. 1.09, eff. Sept. 1, 2003.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 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 salary in an amount determined by the board.
(b) The executive director shall receive and account for any
money derived, including any fee collected, under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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. 1, eff. June 1,
2003.
Sec. 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 the staff 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. 1.11, eff.
Sept. 1, 2003.
Sec. 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 the
requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff.
Sept. 1, 2003.
Sec. 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 level
positions concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 to ensure
that all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with federal and state law and
a description of reasonable methods to achieve compliance with
federal and state law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for compliance
with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.11, eff.
Sept. 1, 2003.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 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 under Chapters 1052 and 1053.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 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 architecture, landscape architecture,
and interior design.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.14, eff.
Sept. 1, 2003.
Sec. 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) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the use of a certificate holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
certificate holder; or
(4) restricts the certificate holder's advertisement under a
trade name.
(c) The board shall adopt rules to prevent a person regulated by
the board from submitting a competitive bid to, or soliciting a
competitive bid on behalf of, a governmental entity that is
prohibited by Subchapter A, Chapter 2254, Government Code, from
making a selection or awarding a contract on the basis of
competitive bids.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.15, eff.
Sept. 1, 2003.
Sec. 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 inspection or copying of records,
documents, and other evidence relevant to the investigation of an
alleged violation of this subtitle.
(b) The board, acting through the attorney general, may bring an
action to enforce a subpoena issued under Subsection (a) against
a person who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) any county in which the board may conduct a hearing.
(d) The court shall order compliance with the subpoena if the
court finds that good cause exists to issue the subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003; Renumbered from Occupations Code Sec. 1051.207 and amended
by Acts 2003, 78th Leg., ch. 331, Sec. 1.16, 1.17, eff. Sept. 1,
2003.
Sec. 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 must include a record of:
(1) each issuance or renewal of a certificate of registration;
and
(2) each refusal to issue or renew a certificate of
registration.
(c) The records shall be open to public inspection at all
reasonable times.
(d) The board shall maintain records or an official roster
showing:
(1) the name and, if known, the address of each person
registered under this subtitle; and
(2) the date and registration number of each certificate of
registration issued under this subtitle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003; Renumbered from Occupations Code, Sec. 1051.208 and amended
by Acts 2003, 78th Leg., ch. 331, Sec. 1.18, 1.19, eff. Sept. 1,
2003.
Sec. 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 star with
a circular border and the words "Texas Board of Architectural
Examiners" within the border.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003; Renumbered from Occupations Code Sec. 1051.209 by Acts
2003, 78th Leg., ch. 331, Sec. 1.20, eff. Sept. 1, 2003.
Sec. 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,
2003.
Sec. 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, eff. Sept. 1,
2003.
Sec. 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 a local prosecuting attorney of any duty under the law.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1,
2003.
Sec. 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 the board's ability to perform its
functions. The technological solutions must:
(1) ensure that the public is able to easily find information
about the board through the Internet;
(2) ensure that persons who want to use the board's services are
able to:
(A) interact with the board through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and be developed through the board's
planning process.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1,
2003.
Sec. 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 adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1,
2003.
Sec. 1051.212. JOINT ADVISORY COMMITTEE ON THE PRACTICES OF
ENGINEERING ARCHITECTURE, AND LANDSCAPE ARCHITECTURE. (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 Board of Professional Engineers.
The advisory committee consists of:
(1) three members of the board and one practicing accredited
architect appointed by the board; and
(2) three members of the Texas Board of Professional Engineers
and one practicing accredited architectural engineer appointed by
that board.
(b) Members of the advisory committee serve staggered six-year
terms, with the terms of one or two members appointed by the
board and one or two members appointed by the Texas Board of
Professional Engineers expiring each odd-numbered year.
(c) The advisory committee shall meet at least twice a year.
(d) The advisory committee shall work to resolve issues that
result from the overlap between activities that constitute the
practices of engineering and architecture and those that
constitute the practices of engineering and landscape
architecture. The advisory committee shall assist each agency in
protecting the public rather than advancing the interests of
either agency or the profession it regulates.
(e) The advisory committee shall issue advisory opinions to the
board and to the Texas Board of Professional Engineers on matters
relating to the practice of engineering and the practice of
architecture or landscape architecture, including:
(1) opinions on whether certain activities constitute the
practice of engineering or the practice of architecture or
landscape architecture;
(2) specific disciplinary proceedings initiated by either
agency; and
(3) the need for persons working on particular projects to be
registered by the board or licensed by the Texas Board of
Professional Engineers.
(f) If the advisory committee issues an advisory opinion to the
board or the Texas Board of Professional Engineers on a matter,
that agency shall notify the committee of the final action taken
with regard to the matter. The advisory committee shall consider
the action taken by the agency on the matter in any advisory
opinion subsequently issued by the committee on a related matter.
(g) The board and the Texas Board of Professional Engineers
shall enter into a memorandum of understanding regarding the
advisory committee that includes the composition and purpose of
the committee.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 1.21, eff. Sept. 1,
2003.
ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS, LANDSCAPE
ARCHITECTS, AND INTERIOR DESIGNERS
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 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 resolved by the board. The
information must include information for prospective applicants
regarding the qualifications and requirements for registration
under this subtitle.
(b) The board shall make the information available to the public
and appropriate state agencies.
(c) In each written contract in which a person registered under
this subtitle agrees to practice the person's profession in this
state, the person shall include the name, mailing address, and
telephone number of the board and a statement that the board has
jurisdiction over a person registered under this subtitle.
(d) A person registered under this subtitle shall prominently
display the person's certificate of registration in the person's
place of business.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.04, 2.05,
eff. Sept. 1, 2003.
Sec. 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 phase of the complaint process,
including complaint intake, preliminary evaluation,
investigation, adjudication, sanctions, and public disclosure.
(b) The board shall establish methods by which consumers and
service recipients are notified of the name, mailing address, and
telephone number of the board for the purpose of directing
complaints to the board. The board may provide for that notice:
(1) on each registration form, application, or written contract
for services of a person regulated under this subtitle;
(2) on a sign prominently displayed in the place of business of
each person regulated under this subtitle; or
(3) in a bill for service provided by a person regulated under
this subtitle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.06, eff.
Sept. 1, 2003.
Sec. 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:
(1) the name of the person who filed the complaint unless the
complaint is filed anonymously;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an
investigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.06, eff.
Sept. 1, 2003.
Sec. 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
any issue under the jurisdiction of the board.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English or who has a
physical, mental, or developmental disability may be provided
access to the board's programs.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.07, eff.
Sept. 1, 2003.
SUBCHAPTER F. GENERAL REGISTRATION REQUIREMENTS
Sec. 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
Act of 1990 (42 U.S.C. Section 12101 et seq.) and its subsequent
amendments.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1,
2003.
Sec. 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 examination.
Added by Acts 2003, 78th Leg., ch. 331, Sec. 2.08, eff. Sept. 1,
2003.
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.
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.
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.
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.
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.
SUBCHAPTER G. RENEWAL OF CERTIFICATE OF REGISTRATION
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.
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.
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.
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 normally
required renewal fee.
(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 normally required renewal fee.
(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 normally required renewal fee 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, Sec. 4, eff. September 1, 2007.
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.
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.
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, Sec. 1, eff. September 1, 2007.
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, Sec. 5, eff. September 1, 2007.
SUBCHAPTER H. GENERAL DISCIPLINARY PROCEDURES
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.
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.
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.
SUBCHAPTER I. ADMINISTRATIVE PENALTY
Sec. 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 subtitle, regardless of whether the person holds a
certificate of registration issued under this subtitle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.15, eff.
Sept. 1, 2003.
Sec. 1051.452. AMOUNT OF ADMINISTRATIVE PENALTY. (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 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.
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.
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.
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, Sec. 6, eff. September 1, 2007.
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.
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, Sec. 7, eff. September 1, 2007.
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.
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.
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.
SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 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 who violates this subtitle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.18, eff.
Sept. 1, 2003.
Sec. 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 subtitle, or another
state statute or rule relating to the professions regulated under
this subtitle.
(b) An action under this section must be brought in:
(1) the county in which the defendant resides; or
(2) the county in which the violation occurred or is threatened
to occur.
(c) In an action brought under this section, the board may be
represented by the attorney general, the district attorney or the
county attorney, and by other counsel as necessary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 2.19, eff.
Sept. 1, 2003.
Sec. 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 Leg., ch. 1421, Sec. 1, eff. June 1,
2003; Renumbered from Occupations Code Sec. 1051.504 and amended
by Acts 2003, 78th Leg., ch. 331, Sec. 2.20, eff. Sept. 1, 2003.
Sec. 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 rule adopted under
this subtitle, or another state statute or rule relating to the
practice of architectu