TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 5. REGISTERED INTERIOR DESIGNERS

The Texas Board of Architectural Examiners (Board) proposes the amendment of Part 1, Title 22 §5.5, pertaining to Terms Defined Herein and the repeal of §5.34, pertaining to Fees.

In general, the purpose of the proposed rules is to implement changes resulting from the Board's review of 22 Tex. Admin. Code Chapter 5 under Texas Government Code, §2001.039. The notice of intention to review Chapter 5 was published in the Texas Register on September 9, 2016 (41 TexReg 7139). The agency did not receive any comments in response to this notice.

Amendment of §5.5

The Board proposes to amend terms and definitions contained in §5.5. Under §5.5(2), the Board has defined the term "actual signature." However, the term "actual signature" does not appear in the Board's rules. Rather, the Board's rules make reference to the term "signature." These references mostly occur in Subchapter F of the Board's rules, relating to the Registered Interior Designer's Seal. For example, under §5.113, prior to issuing a construction document, a registered interior designer (RID) is required to affix to the document the RID's seal and signature across the face of the seal's image or directly under or adjacent to the seal's image, and the date of signing. Because the Board's rules do not include the term "actual signature," the Board proposes to amend the rule to define the term "signature" with the definition previously used for "actual signature."

The Board proposes to adopt a definition for "Architectural Barriers Act" under §5.5(5). The Architectural Barriers Act is contained in Government Code Chapter 469, and requires certain buildings and facilities to be accessible to and functional for persons with disabilities. §5.180 references the Architectural Barriers Act, but does not provide a citation. Therefore, a definition for this term would be useful to promote greater understanding of the Board's rules.

The Board proposes to delete the term and definition for "authorship" under §5.5(7). The Board rules do not contain any references to the terms "authorship" or "author." Therefore, it is unnecessary to define this term.

The Board proposes to adopt clarifying amendments to §5.5(16) and (39), relating to the definitions for "Consultant" and "Registrant." These definitions refer to the term "interior designer" rather than "registered interior designer." Since "registered interior designer" is the regulated term under Tex. Occ. Code 1053.151 and the term used elsewhere in the Board's rules, the Board proposes to amend these definitions to refer to "registered interior designer."

The Board proposes to delete the term and definition for "e-mail directory" under §5.5(22). The Board rules do not contain any reference to the term "e-mail directory." Therefore, it is unnecessary to define this term.

The Board proposes to amend the definition for "Interior Designers' Registration Law," which is the Board's common title for Occupations Code Chapter 1053, under §5.5(30). In defining this term, the rule refers to Chapter 1053, as well as Article 249e, Vernon's Texas Civil Statutes. Since the citation to Article 249e is obsolete following the 2003 codification of Occupations Code 1053, the Board proposes to eliminate this reference in the definition.

Due to the proposed repeal and/or addition of definitions for "Architectural Barriers Act," "Authorship," and "E-mail Directory," and the alphabetical re-ordering of the definition for "Signature," the Board proposes to renumber §5.5 accordingly.

Repeal of §5.34

The Board proposes to repeal §5.34. This rule states that the Board shall establish a schedule of fees, and that the schedule shall be published and copies made available at the Board's office. This rule was adopted at a time, prior to 2005, when the Board did not adopt a fee schedule by rule, and rather made copies of the fee schedule available in the Board's offices. Under current practices, in which the fee schedule is adopted and published under §7.10, this rule is inaccurate and redundant.

FISCAL NOTE

Lance Brenton, General Counsel, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended rule is in effect, the amendments will have no foreseeable economic implications relating to costs or revenues of the state government, local government, or the Texas Board of Architectural Examiners.

PUBLIC BENEFIT/COST OF COMPLIANCE

For the first five-year period the amended rule is in effect, the expected public benefit is to provide greater clarity within the Board's rules by deleting and amending obsolete rules and references to be more consistent with current laws and practices.

There is no anticipated economic cost to persons who are required to comply with the proposed amendments. The amendment to the rule will have no negative fiscal impact on small or micro-business. Therefore, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

CROSS REFERENCE TO STATUTE

The proposed amendments to these rules do not affect any other statutes.

PUBLIC COMMENT

Comments may be submitted to Lance Brenton, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337. Please submit comments before February 1, 2017.

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §5.5

STATUTORY AUTHORITY

The proposed amendment to §5.5 is proposed under Sections 1051.202, 1053.058 and 1053.252(8) of the Texas Occupations Code.

Section 1051.202 authorizes the Board to adopt reasonable rules as necessary to regulate the practices of architecture, landscape architecture, and interior design.

Section 1053.058 requires the Board to prescribe and approve the seal to be used by a registered interior designer. Pursuant to this authority, the Board has adopted rules which require an registered interior designer to seal certain documents, and to include his or her signature with the seal. For this reason, the Board proposes to adopt a definition for the term "signature."

Section 1053.252(8) authorizes the Board to take disciplinary action against a person who fails 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. The common name for Chapter 469 is the Architectural Barriers Act, a term which the Board proposes to define in this rulemaking action.

§5.5.Terms Defined Herein.

The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) The Act--The Interior Designers' Registration Law.

(2) Actual Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.

(2) [(3)] Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.

(3) [(4)] APA--Administrative Procedure Act.

(4) [(5)] Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.

(5) Architectural Barriers Act--Texas Government Code, Chapter 469.

(6) Architectural Interior Construction--A building project that involves only the inside elements of a building and, in order to be completed, necessitates the "practice of architecture" as that term is defined in 22 Texas Administrative Code §1.5.

[(7) Authorship--The state of having personally created something.]

(7) [(8)] Barrier-Free Design--The design of a facility or the design of an alteration of a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.

(8) [(9)] Board--Texas Board of Architectural Examiners.

(9) [(10)] Cancel, Cancellation, or Cancelled--The termination of a Texas Interior Design registration certificate by operation of law two years after it expires without renewal by the certificate-holder.

(10) [(11)] Candidate--An Applicant approved by the Board to take the Interior Design registration examination.

(11) [(12)] CEPH--Continuing Education Program Hour(s).

(12) [(13)] Chair--The member of the Board who serves as the Board's presiding officer.

(13) [(14)] CIDA--The Council for Interior Design Accreditation.

(14) [(15)] Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents prepared for the purpose(s) of Regulatory Approval, permitting, or construction.

(15) [(16)] Consultant--An individual retained by a Registered Interior Designer who prepares or assists in the preparation of technical design documents issued by the Registered Interior Designer for use in connection with the Registered Interior Designer's Construction Documents.

(16) [(17)] Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearings.

(17) [(18)] Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.

(18) [(19)] Council for Interior Design Accreditation (CIDA)--An agency that sets standards for postsecondary Interior Design education and evaluates college and university Interior Design programs.

(19) [(20)] Delinquent--A registration status signifying that a Registered Interior Designer:

(A) has failed to remit the applicable renewal fee to the Board; and

(B) is no longer authorized to use the title "registered interior designer" in Texas.

(20) [(21)] Direct Supervision--The amount of oversight by an individual overseeing the work of another whereby the supervisor and the individual being supervised work in close proximity to one another and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.

[(22) E-mail Directory--A listing of e-mail addresses:

(A) used to advertise Interior Design services; and

(B) posted on the Internet under circumstances where the Interior Designers included in the list have control over the information included in the list.]

(21) [(23)] Emeritus Interior Designer (or Interior Designer Emeritus)--An honorary title that may be used by a Registered Interior Designer who has retired from the practice of Interior Design in Texas pursuant to §1053.156 of the Texas Occupations Code.

(22) [(24)] Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.

(23) [(25)] Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed Interior Design project from a technical Interior Design standpoint.

(24) [(26)] Good Standing--

(A) a registration status signifying that a Registered Interior Designer is not delinquent in the payment of any fees owed to the Board; or

(B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by an Interior Design registration board that would provide a ground for the denial of the application for Interior Design registration in Texas.

(25) [(27)] Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.

(26) [(28)] Inactive--A registration status signifying that a Registered Interior Designer may not practice Interior Design in the State of Texas.

(27) [(29)] Interior Design--The identification, research, or development of creative solutions to problems relating to the function or quality of the interior environment; the performance of services relating to interior spaces, 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 the preparation of Interior Design plans, specifications, or related documents about the design of non-load-bearing interior spaces.

(28) [(30)] Interior Designers' Registration Law--[Article 249e, Vernon's Texas Civil Statutes, and] Chapter 1053, Texas Occupations Code.

(29) [(31)] Interior Design Intern--An individual participating in an internship to complete the experiential requirements for Interior Design registration by examination in Texas.

(30) [(32)] Licensed--Registered.

(31) [(33)] Member Board--An Interior Design registration board that is part of NCIDQ.

(32) [(34)] National Council for Interior Design Qualification (NCIDQ)--A nonprofit organization of state and provincial interior design regulatory agencies and national organizations whose membership is made up in total or in part of interior designers.

(33) [(35)] NCIDQ--National Council for Interior Design Qualification.

(34) [(36)] Nonregistrant--An individual who is not a Registered Interior Designer.

(35) [(37)] Principal--A Registered Interior Designer who is responsible, either alone or with other Registered Interior Designers, for an organization's practice of Interior Design.

(36) [(38)] Registered Interior Designer--An individual who holds a valid Texas Interior Design registration granted by the Board.

(37) [(39)] Registrant--Registered Interior Designer.

(38) [(40)] Regulatory Approval--The approval of Construction Documents by a Governmental Entity after a review of the Interior Design content of the Construction Documents as a prerequisite to construction or occupation of a building of facility.

(39) [(41)] Reinstatement--The procedure through which a Surrendered or revoked Texas Interior Design registration certificate is restored.

(40) [(42)] Renewal--The procedure through which a Registered Interior Designer pays a periodic fee so that his or her registration certificate will continue to be effective.

(41) [(43)] Responsible Charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by Registered Interior Designers applying the applicable Interior Design standard of care.

(42) [(44)] Revocation or Revoked--The termination of a Texas Interior Design registration certificate by the Board.

(43) [(45)] Rules and Regulations of the Board--22 Texas Administrative Code §§5.1 et seq.

(44) [(46)] Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.

(45) [(47)] Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes from each Board meeting and maintaining the record of Board members' attendance at Board meetings.

(46) Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.

(47) [(48)] SOAH--State Office of Administrative Hearings.

(48) [(49)] Sole Practitioner--A Registered Interior Designer who is the only design professional to offer or render interior design services on behalf of a business entity.

(49) [(50)] State Office of Administrative Hearings (SOAH)--A Governmental Entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.

(50) [(51)] Supervision and Control--The amount of oversight by a Registered Interior Designer overseeing the work of another whereby:

(A) the Registered Interior Designer and the individual performing the work can document frequent and detailed communication with one another and the Registered Interior Designer has both control over and detailed professional knowledge of the work; or

(B) the Registered Interior Designer is in Responsible Charge of the work and the individual performing the work is employed by the Registered Interior Designer or by the Registered Interior Designer's employer.

(51) [(52)] Supplemental Document--A document that modifies or adds to the technical Interior Design content of an existing Construction Document.

(52) [(53)] Surrender--The act of relinquishing a Texas Interior Design registration certificate along with all privileges associated with the certificate.

(53) [(54)] Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure development during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.

(54) [(55)] Table of Equivalents for Education and Experience in Interior Design--22 Texas Administrative Code §§5.201 et. seq. (§§5.201 - 5.203 of this chapter).

(55) [(56)] TBAE--Texas Board of Architectural Examiners.

(56) [(57)] TDLR--Texas Department of Licensing and Regulation.

(57) [(58)] Texas Department of Licensing and Regulations (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.

(58) [(59)] Texas Guaranteed Student Loan Corporation (TGSLC)--A public, nonprofit corporation that administers the Federal Family Education Loan Program.

(59) [(60)] TGSLC--Texas Guaranteed Student Loan Corporation.

(60) [(61)] Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606510

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Earliest possible date of adoption: January 22, 2017

For further information, please call: (512) 305-8519


SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §5.34

STATUTORY AUTHORITY

The repeal of §5.34 is proposed under Sections 1051.202, 1051.305, 1051.355, 1051.357, 1053.052, and 1053.156 of the Texas Occupations Code. The rule describes the processes the Board uses in establishing a fee schedule. The cited statutes provide the Board with obligations and authorizations with respect to collection of fees, as follows:

Section 1051.202 authorizes the Board to adopt reasonable rules as necessary to regulate the practices of architecture, landscape architecture, and interior design.

Section 1051.305 authorizes the Board to set a fee in a reasonable and necessary amount to cover the cost of processing and investigating an application for registration by reciprocity.

Section 1051.355 requires the Board to prescribe a renewal fee for a registrant on inactive status.

Section 1051.357 requires the Board to set a renewal fee for registrants on emeritus status in an amount reasonable and necessary to recover the costs to administer this section.

Section 1053.052 requires the Board to set certain fees, in amounts that are reasonable and necessary to cover the costs of administering Chapter 1053 (Interior Designers), including a registration application fee, an annual registration renewal fee, a reciprocal registration fee and an examination fee. Furthermore, Section 1053.052 authorizes the Board to set fees for other services, in amounts that are reasonable and necessary to cover the costs of administering Chapter 1053, including providing a duplicate certificate of registration, providing a roster of interior designers, reinstating a revoked or suspended certificate of registration, and performing any other board action involving an administrative expense. Additionally, Section 1053.052 authorizes the Board to accept payment of a fee by electronic means, and to charge a fee for such collection in an amount that is reasonably related to the expense incurred by the board in processing the payment.

Section 1053.156 requires the Board to set a renewal fee for interior designer registrants on emeritus status in an amount reasonable and necessary to recover the costs to administer such registrations.

§5.34.Fees.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 12, 2016.

TRD-201606512

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Earliest possible date of adoption: January 22, 2017

For further information, please call: (512) 305-8519