CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL PROVISIONS AFFECTING ARCHITECTS, LANDSCAPE ARCHITECTS, AND INTERIOR DESIGNERS; PROVISIONS AFFECTING ONLY ARCHITECTS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-6-regulation-of-engineering-architecture-land-surveying-and-related-practices > Chapter-1051-texas-board-of-architectural-examiners-general-provisions-affecting-architects-landscap

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

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;

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

(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

(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);

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.

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.

general counsel to the board if the person is required to

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.

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.

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;

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.

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.

(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.

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.

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.

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.

(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.

(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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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