CHAPTER 1053. INTERIOR DESIGNERS

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-6-regulation-of-engineering-architecture-land-surveying-and-related-practices > 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.

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.

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.

(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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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