CHAPTER 1053. INTERIOR DESIGNERS
OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE B. REGULATION OF ARCHITECTURE AND RELATED PRACTICES
CHAPTER 1053. INTERIOR DESIGNERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1053.002. APPLICATION. (a) This chapter does not apply
to:
(1) a person who:
(A) does not use the title "interior designer" and does not use
the term "interior design" to describe a service the person
offers or performs; and
(B) is an interior designer licensed or registered in another
state or country who:
(i) does not open or maintain a business in this state; and
(ii) complies with the requirements of Subsection (b);
(2) a person who is registered to practice architecture in this
state; or
(3) a person who does not use a business or professional title
that uses the phrase "registered interior designer."
(b) A person described by Subsection (a)(1) who agrees to
perform or represents that the person is able to perform an
interior design service may perform an interior design service in
this state if, in performing the service, the person:
(1) employs an interior designer registered under this chapter
as a consultant; or
(2) acts as a consultant of an interior designer registered in
this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 5.01, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
13, Sec. 1, eff. May 12, 2009.
Sec. 1053.003. LIMITATION ON INTERIOR DESIGNERS. Registration
under this chapter does not authorize an interior designer to:
(1) plan or design architectural interior construction;
(2) engineer a building system, including a structural,
electrical, plumbing, heating, ventilating, air-conditioning, or
mechanical system;
(3) engage in the practice of engineering as described in
Chapter 1001; or
(4) engage in the practice of architecture as described in
Chapter 1051.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 1053.052. FEES. (a) The board shall set the following
fees, unless otherwise set in the General Appropriations Act, in
amounts that are reasonable and necessary to cover the costs of
administering this chapter:
(1) a registration application fee;
(2) an annual registration renewal fee;
(3) a reciprocal registration fee; and
(4) an examination fee.
(b) The board may set fees for the following services, unless
otherwise set in the General Appropriations Act, in amounts that
are reasonable and necessary to cover the costs of administering
this chapter:
(1) providing a duplicate certificate of registration;
(2) providing a roster of interior designers;
(3) reinstating a revoked or suspended certificate of
registration; and
(4) performing any other board action involving an
administrative expense.
(c) The board may accept payment of a fee by electronic means.
The board may charge a fee to process the payment made by
electronic means. The board shall set the processing fee in an
amount that is reasonably related to the expense incurred by the
board in processing the payment made by electronic means, not to
exceed five percent of the amount of the fee for which the
payment is made.
(d) A fee set by the board under this section may not be used
for the purpose of earning additional revenue for 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. 5.02, eff.
Sept. 1, 2003.
Sec. 1053.0521. FEE INCREASE. (a) The fee for the issuance of
a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter
is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited in
the foundation school fund and $150 shall be deposited in the
general revenue fund.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 14(b), eff. Sept. 1,
2003.
Sec. 1053.053. GIFTS AND GRANTS. (a) The board may accept a
gift or grant from any source to pay for any activity under this
chapter.
(b) A gift or grant must be accepted in an open meeting by a
majority of the board and reported in the minutes with the name
of the donor and purpose of the gift or grant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.058. DESIGN AND APPROVAL OF INTERIOR DESIGNER'S SEAL.
(a) The board shall prescribe and approve the seal to be used by
an interior designer.
(b) The design of the seal must be the same as the design used
by the board, except that the words "Registered Interior
Designer, State of Texas" must be used instead of "Texas Board of
Architectural Examiners."
Added by Acts 2003, 78th Leg., ch. 331, Sec. 5.03, eff. Sept. 1,
2003.
SUBCHAPTER D. REGISTRATION REQUIREMENTS
Sec. 1053.151. REGISTRATION REQUIRED. A person other than an
interior designer may not represent that the person is a
"registered interior designer" by using that title or by using
words that imply that the person is a registered interior
designer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
13, Sec. 2, eff. May 12, 2009.
Sec. 1053.152. ELIGIBILITY REQUIREMENTS. (a) The board shall
establish the qualifications for the issuance or renewal of a
certificate of registration under this chapter.
(b) To be eligible for a certificate of registration, an
applicant must:
(1) meet the qualifications established by the board under
Subsection (a);
(2) pass the registration examination; and
(3) pay the required fees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.153. APPLICATION FOR CERTIFICATE OF REGISTRATION.
Each application for a certificate of registration must:
(1) be on a form prescribed and furnished by the board; and
(2) include a:
(A) verified statement of the applicant's education; and
(B) detailed summary of the applicant's interior design work
experience.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.154. EXAMINATION REQUIRED. (a) An applicant for a
certificate of registration must pass the examination adopted by
the board.
(b) The examination must cover subjects established by and must
be graded according to board rules. The board by rule may adopt
the examination of the National Council for Interior Design
Qualification or a comparable examination.
(c) The board shall determine the time and place for each
examination. The examination shall be offered at least once a
year. The board shall give reasonable public notice of the
examination in the manner provided by board rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.155. APPLICATION FOR ADMISSION TO EXAMINATION. (a)
An applicant for a certificate of registration must apply to the
board, on a form prescribed by the board, for admission to the
registration examination.
(b) An application for admission to the registration examination
must be accompanied by evidence satisfactory to the board that
the applicant:
(1) has graduated from an interior design educational program
recognized and approved by the board; and
(2) has professional experience in the field of interior design.
(c) The board shall adopt rules establishing standards for:
(1) the recognition and approval of interior design educational
programs; and
(2) the amounts and types of professional experience necessary
for registration examination eligibility.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.156. EMERITUS STATUS; INTERIOR DESIGNERS. (a) The
board by rule shall establish a procedure by which an interior
designer may place the interior designer's certificate of
registration on emeritus status. The interior designer must
apply for emeritus status, on a form prescribed by the board,
before the interior designer's certificate of registration
expires.
(b) An interior designer is eligible for emeritus status if the
interior designer:
(1) has been an interior designer for 20 years or more; and
(2) is 65 years of age or older.
(c) An interior designer whose certificate of registration is on
emeritus status:
(1) may use the title "Emeritus Interior Designer" or "Interior
Designer Emeritus";
(2) must pay a renewal fee on a date and in a manner prescribed
by board rule; and
(3) is exempt from continuing education requirements under this
chapter.
(d) The board shall change an interior designer's certificate of
registration from emeritus status to active status if the
interior designer:
(1) requests in writing that the board change the interior
designer's certificate of registration from emeritus status to
active 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 2007, 80th Leg., R.S., Ch.
1360, Sec. 11, eff. September 1, 2007.
Sec. 1053.158. REGISTRATION WITHOUT EXAMINATION. (a) A person
who applied for registration before September 1, 1994, is
eligible for registration without examination on the completion
of six years of practice as an interior designer if the person:
(1) was practicing interior design before September 1, 1991; and
(2) meets all other registration requirements of this chapter.
(b) For purposes of this section, a person is considered to have
practiced interior design if the person, independently or in the
course of regular employment, performed or offered to perform
interior design services or taught interior design at an
institution of higher education in an accredited degree program
in interior design recognized by the board. Any combination of
periods spent offering interior design services or teaching
totaling at least six years satisfies the requirement of this
section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.159. ISSUANCE OF CERTIFICATE. The board shall issue a
certificate of registration to an applicant who presents
satisfactory evidence that the applicant complies with all
registration requirements under this chapter and under board
rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Sec. 1053.160. USE OF INTERIOR DESIGNER'S SEAL. (a) An
interior designer shall maintain a seal described by Section
1053.058 and shall stamp or impress the seal on each drawing or
specification issued from the interior designer's office for use
in this state.
(b) A person may not use or attempt to use an interior
designer's seal, a similar seal, or a replica of the seal unless
the use is by or through an interior designer.
(c) An interior designer may not permit a person who is not an
interior designer to use the interior designer's seal without the
interior designer's personal supervision.
(d) A person may not present or attempt to use as the person's
own the seal of another person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 5.04, eff.
Sept. 1, 2003.
SUBCHAPTER F. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES
Sec. 1053.251. DISCIPLINARY POWERS OF BOARD. (a) On a
determination that a ground for disciplinary action exists under
Section 1053.252, the board shall:
(1) revoke, suspend, or refuse to renew a certification of
registration;
(2) reprimand a certificate holder; or
(3) impose an administrative penalty on a person under
Subchapter I, Chapter 1051.
(b) The board may place on probation a person whose certificate
of registration is suspended. If the suspension is probated, the
board may require the person to:
(1) report regularly to the board on matters that are the basis
of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review professional education until the person
attains a degree of skill satisfactory to the board in those
areas that are the basis of the probation.
(c) On a determination that a ground for disciplinary action
exists under Section 1053.252, the board shall deny registration
of an applicant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 5.05, eff.
Sept. 1, 2003.
Sec. 1053.252. GROUNDS FOR DISCIPLINARY ACTION. A person is
subject to disciplinary action under Section 1053.251 for:
(1) violating this subtitle or a board rule adopted under this
subtitle that applies to interior designers;
(2) being convicted of a felony or of a misdemeanor involving
moral turpitude;
(3) using fraud or deceit in obtaining or attempting to obtain a
certificate of registration;
(4) committing an act of recklessness, gross incompetency, or
misconduct in the practice of interior design;
(5) practicing in a manner detrimental to the public health,
safety, or welfare;
(6) advertising in a manner that tends to deceive or defraud the
public;
(7) aiding or abetting any person not registered under this
subtitle in violating this subtitle;
(8) failing to provide or to timely provide to the Texas
Department of Licensing and Regulation any document designated by
Chapter 469, Government Code, as a document the person is
required to provide to the department;
(9) giving false or forged evidence to the board or a member of
the board in obtaining or assisting another person to obtain a
certificate of registration;
(10) using or attempting to use as the person's own the
certificate of registration of another person; or
(11) acting dishonestly in the practice of 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. 5.06, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.062(a),
eff. Sept. 1, 2003.
SUBCHAPTER H. PENALTIES
Sec. 1053.351. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates Section 1053.151 or a
standard of conduct adopted under this chapter.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.