TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 1. ARCHITECTS

Introduction. The Texas Board of Architectural Examiners (Board) adopts amendments to §1.5, concerning Terms Defined Herein, and §1.148, concerning Prevention of Unauthorized Practice, and the repeal of §1.24, concerning Fees. The amendments are adopted without changes to the proposed text published in the September 23, 2016, issue of the Texas Register (41 TexReg 7387).

Reasoned Justification. The adopted rules implement required changes resulting from the Board's review of 22 Tex. Admin. Code Chapter 1, as required under Texas Government Code, §2001.039.

Amendment of §1.5

The Board amends §1.5 to modify a number of terms and definitions. Under §1.5(2), the Board previously 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." Because the Board's rules do not include the term "actual signature," the Board amends the rule to define the term "signature" with the definition previously used for "actual signature."

The Board amends the definition for "Architects' Registration Law," which is the Board's common title for Occupations Code Chapter 1051. In defining this term, the rule previously referred to Chapter 1051, as well as Article 249a, Vernon's Texas Civil Statutes. Because the citation to Article 249a is obsolete following the 2003 codification of Occupations Code 1051, the Board has eliminated this reference in the definition.

The Board amends the definition for "Architectural Barriers Act." 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. In defining "Architectural Barriers Act," the rule previously referred to Article 9102, Vernon's Texas Civil Statutes. Because the citation to Article 9102 is obsolete following the 2003 codification of the Architectural Barriers Act, the Board has eliminated this reference in the definition.

The Board deletes the term and definition for "authorship" under previous §1.5(14). The Board rules do not contain any references to the terms "authorship" or "author." Therefore, it is unnecessary to define this term.

The adopted amendments correct a typographical error under previous §1.5(19). This paragraph provides a definition for the term "EPH." This is a drafting mistake, and the correct term should be "CEPH," an acronym for continuing education program hour(s).

The Board deletes the term and definition for "e-mail directory" under §1.5(27). The Board rules do not contain any references to the term "e-mail directory." Therefore, it is unnecessary to define this term.

Due the deletion of the definitions for "authorship" and "e-mail directory," and the alphabetical re-ordering of the definition for "signature," §1.5 is renumbered accordingly.

Repeal of §1.24

The Board repeals §1.24. Previously, this rule stated 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.

Amendment of §1.148

The Board amends §1.148 to correct a reference to obsolete law. Previously, under §1.148, "an Architect who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the title 'architect' and shall not 'practice architecture' as defined by Section 10 of the Act until after the Architect's certificate of registration has been properly renewed." The reference to Section 10 of the Act referred to the Board's laws prior to codification of Occupations Code 1051 in 2003. Section 10 previously defined the practice of architecture, which is now defined under Occupations Code Sec. 1051.001(7). Because the reference to Subsection 10 in §1.148 is obsolete, the Board replaces it with the correct citation to Sec. 1051.001(7).

Summary of Comments and Agency Response. The Board did not receive any comments on the proposed rules.

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §1.5

Statutory Authority.

Amended §1.5 is adopted under §§1051.202, 1051.356, 1051.654, and 1051.752(2) 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 1051.356 directs the Board to administer continuing education programs for certificate holders, which must be completed in order to retain certification.

Section 1051.654 requires the Board to prescribe and approve the seal to be used by an architect. Pursuant to this authority, the Board has adopted rules which require an architect to seal certain documents, and to include his or her signature with the seal. For this reason, the Board adopts a definition of the term "signature."

Section 1051.752(2) 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, the definition of which the Board amends in this rulemaking action.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606712

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: September 23, 2016

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


SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §1.24

The repeal of §1.24 is adopted under §§1051.202, 1051.302, 1051.305, 1051.355, 1051.357, 1051.651, and 1051.705 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 the 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 1051.651 authorizes the Board to set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of administering Chapter 1051, and requires the Board to set the renewal fee for architect registrants.

Section 1051.705 requires the Board to set an examination fee in an amount reasonable and necessary to cover the cost of the examination for architect registration, and under §1051.302, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the examination.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606713

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: September 23, 2016

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


SUBCHAPTER H. PROFESSIONAL CONDUCT

22 TAC §1.148

STATUTORY AUTHORITY

Amended §1.148 is adopted under §1051.202 and §1051.351.

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

Under Section 1051.351, a person whose certificate of registration has expired is prohibited from engaging activities that require registration until the certificate of registration has been renewed. To implement this provision, the Board has adopted §1.148(c), which the Board has amended to delete an obsolete legal reference.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606714

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: September 23, 2016

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


CHAPTER 3. LANDSCAPE ARCHITECTS

Introduction. The Texas Board of Architectural Examiners (Board) adopts amendments to §3.5, concerning Terms Defined Herein, and repeals §3.24, concerning Fees. The amendment and repeal are adopted without changes to the proposed text as published in the September 23, 2016, issue of the Texas Register (41 TexReg 7392).

Reasoned Justification. The adopted rules implement required changes resulting from the Board's review of 22 Tex. Admin. Code Chapter 3, as required under Texas Government Code, §2001.039.

Amendment of §3.5

The Board amends §3.5 to modify a number of terms and definitions. Under §3.5(2), the Board previously 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." Because the Board's rules do not include the term "actual signature," the Board amends the rule to define the term "signature" with the definition previously used for "actual signature."

The Board amends the definition for "Architectural Barriers Act." 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. In defining "Architectural Barriers Act," the rule previously referred to Article 9102, Vernon's Texas Civil Statutes. Because the citation to Article 9102 is obsolete following the 2003 codification of the Architectural Barriers Act, the Board has eliminated this reference in the definition.

The Board deletes the term and definition for "authorship" under previous §3.5(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 deletes the term and definition for "e-mail directory" under §3.5(22). The Board rules do not contain any references to the term "e-mail directory." Therefore, it is unnecessary to define this term.

The Board amends the definition for "Landscape Architects' Registration Law," which is the Board's common title for Occupations Code Chapter 1052. In defining this term, the rule previously referred to Chapter 1052, as well as Article 249c, Vernon's Texas Civil Statutes. Because the citation to Article 249c is obsolete following the 2003 codification of Occupations Code 1052, the Board has eliminated this reference in the definition.

Due the deletion of the definitions for "authorship" and "e-mail directory," and the alphabetical re-ordering of the definition for "signature," §3.5 is renumbered accordingly.

Repeal of §3.24

The Board repeals §3.24. Previously, this rule stated 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.

Summary of Comments and Agency Response. The Board did not receive any comments on the proposed rules.

SUBCHAPTER A. SCOPE; DEFINITIONS

22 TAC §3.5

Statutory Authority.

The amendment of §3.5 is adopted under §§1051.202, 1052.056, and 1052.252(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 1052.056 requires the Board to prescribe and approve the seal to be used by a landscape architect. Pursuant to this authority, the Board has adopted rules which require a landscape architect to seal certain documents, and to include his or her signature with the seal. For this reason, the Board adopts a definition of the term "signature."

Section 1052.252(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, the definition of which the Board amends in this rulemaking action.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606715

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: September 23, 2016

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


SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §3.24

Statutory Authority.

The repeal of §3.24 is adopted under §§1051.202, 1051.302, 1051.305, 1051.355, 1051.357, 1052.054, and 1052.154 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 1052.054 authorizes the Board to set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of administering Chapter 1052, and requires the Board to set the renewal fee for landscape architect registrants.

Section 1052.154 requires the Board to set an examination fee in an amount reasonable and necessary to cover the cost of the examination for landscape architect registration, and under Section 1051.302, the board may delegate the collection of any examination fee prescribed by the board to the person who conducts the examination.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606716

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: September 23, 2016

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


CHAPTER 5. REGISTERED INTERIOR DESIGNERS

Introduction. The Texas Board of Architectural Examiners (Board) adopts amendments to §5.31, concerning Registration by Examination, and §5.51, concerning Requirements. The amendments are adopted without changes to the proposed text published in the October 14, 2016, issue of the Texas Register (41 TexReg 8166).

Reasoned Justification. The amendments to §5.31 and §5.51 revise the Board’s rules to eliminate the Architect Registration Examination (ARE) as an acceptable examination to qualify for registration as a registered interior designer, beginning on January 1, 2019.

The provisions in §5.31 and §5.51 which previously identified the ARE as an acceptable examination were adopted in response to the 2013 legislation that will eventually eliminate examination grandfathering for registered interior designers. The statute, Tex. Occ. Code 1051.351, as amended in 2013, states the following: "A person who holds a certificate of registration issued under Chapter 1053 without examination may not renew the certificate on or after September 1, 2017, unless, before September 1, 2017, the person has passed the registration examination adopted by the board under Section 1053.154 and in effect on January 1, 2014." The bill that ultimately became law under Sec. 1051.305 was amended from a previous version, which stated that a person seeking to renew a registration would be required to pass the examination adopted by the Board in effect on September 1, 2013. Under the rules in effect on September 1, 2013, this would have been limited to the National Council for Interior Design Qualification (NCIDQ) examination. At the time, it was the Board’s understanding that the amendment to the bill was intended to allow the Board time to engage in rulemaking to identify the ARE as an additional acceptable examination, so that architects who had previously become registered as RIDs without taking the NCIDQ would be able to retain registration on the basis of having passed the ARE. Subsequently, at the August 2013 meeting, the Board voted to adopt rules to allow the ARE as an acceptable examination, but also expressed an intention to revisit the rules after the January 1, 2014 deadline passed, to determine whether the ARE should remain a permanently acceptable examination.

After reviewing the issue, the Board has determined that the ARE should not remain a permanently acceptable examination. Architecture and interior design are distinct professions, with different areas of emphasis within each. In turn, the areas of emphasis within the ARE and the NCIDQ differ in accordance with the requirements of practice for each profession. This rule adoption will result in a registration examination that is specifically designed to measure competence and proficiency in interior design.

The amendments will not affect any architect who currently holds an RID registration by virtue of passing the ARE, because the ARE was an acceptable registration examination adopted by the Board and in effect on January 1, 2014, thus meeting the renewal requirements under Tex. Occ. Code 1051.351. Additionally, the Board has determined that the ARE will remain an acceptable examination until December 31, 2018, which will allow individuals who may have relied upon the previous rule additional time to become registered as an RID under the previous requirements.

Summary of Comments and Agency Response. The Board received a comment on the proposed rule from David Lancaster, Senior Advocate for the Texas Society of Architects (TxA). The comment was written on behalf of the TxA membership, in opposition to the proposed rule. In his comment, Mr. Lancaster notes that, since the initial adoption of Interior Design registration laws in 1991, architects were "exempted" from the law and allowed to offer interior design services without meeting registration requirements. Mr. Lancaster notes "that basic recognition has not changed or been question in the 25 years since." Based on this information, Mr. Lancaster asked whether it is worth adopting this rule and recommended that the Board not do so.

In response, the Board would note that the adopted rule does nothing to change or question the "basic recognition" referenced in Mr. Lancaster’s letter. As before, architects may continue to provide interior design services without passing the NCIDQ examination or registering as an interior designer. However, if an architect seeks to register as an interior designer after December 31, 2018, he or she will be required to pass the NCIDQ examination. This represents a return to the law as it existed for all applicants, including architects, from September 1, 1994 to September 18, 2013, when the Board adopted the ARE as an acceptable examination in order to preserve the registration status of architects who had already become registered as interior designers, as discussed above. Now that this temporary solution has had its intended effect, the Board is reverting to the previous state of the law. The Board believes that the adopted rule implemets the legislative intent expressed in the amendment to Tex. Occ. Code 1051.351.

At the December 1, 2016 Board meeting, the Board received verbal comments in favor of the adopted rule from Donna Vining, Executive Director of the Texas Association for Interior Design.

SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION

22 TAC §5.31

Statutory Authority.

The amendment to §5.31 is adopted under Texas Occupations Code §§1051.202, 1051.351, 1053.152, and 1053.154.

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

Texas Occupations Code 1051.351 authorizes the Board to renew the registration of a registered interior designer who, before September 1, 2017, passes the registration examination adopted by the board under Section 1053.154 and in effect on January 1, 2014.

Texas Occupations Code §1053.152 authorizes the Board to establish the qualifications for the issuance or renewal of a certificate of registration as an interior designer.

Texas Occupations Code §1053.152 authorizes the Board to adopt an examination for registration as an interior designer. Under subsection (c), the Board may adopt the NCIDQ examination, or a comparable examination.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606717

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: October 14, 2016

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


SUBCHAPTER C. EXAMINATION

22 TAC §5.51

Statutory Authority. The amendment to §5.51 is adopted under Texas Occupations Code §§1051.202, 1051.351, 1053.152, and 1053.154.

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

Texas Occupations Code 1051.351 authorizes the Board to renew the registration of a registered interior designer who, before September 1, 2017, passes the registration examination adopted by the board under Section 1053.154 and in effect on January 1, 2014.

Texas Occupations Code §1053.152 authorizes the Board to establish the qualifications for the issuance or renewal of a certificate of registration as an interior designer.

Texas Occupations Code §1053.152 authorizes the Board to adopt an examination for registration as an interior designer. Under subsection (c), the Board may adopt the NCIDQ examination, or a comparable examination.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606718

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: January 11, 2017

Proposal publication date: October 14, 2016

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


PART 14. TEXAS OPTOMETRY BOARD

CHAPTER 272. ADMINISTRATION

22 TAC §272.3

The Texas Optometry Board adopts amendments to §272.3 without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6610).

The amendments provide procedures to implement contracting and purchasing requirements in the Texas Government Code.

No comments were received.

The amendment is adopted under the Texas Optometry Act, Texas Occupations Code, §351.151, and Tex. Gov't Code §§2156.005, 2260.052, 2155.076, and 2261.202. No other sections are affected by the amendments.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The agency interprets §§2156.005, 2260.052, 2155.076, and 2261.202 as establishing various contracting procedures, including bid protest, bid opening, negotiation and mediation, and monitoring.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 22, 2016.

TRD-201606710

Chris Kloreis

Executive Director

Texas Optometry Board

Effective date: January 11, 2017

Proposal publication date: September 2, 2016

For further information, please call: (512) 305-8500