TITLE 22. EXAMINING BOARDS
PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 1. ARCHITECTS
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, Chapter 1 relating to Architects, §1.27, relating to Provisional Licensure, and §1.149, relating to Criminal Convictions.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would implement Senate Bill 1080 (89th Regular Session, 2025), which amends provisions in Chapter 53, Texas Occupations Code, relating to licensing and Consequences of Criminal Conviction.
Through Senate Bill 1080, the legislature provides licensing authorities discretion to revoke a license following imprisonment for a felony conviction, unless the felony offense is directly related to the duties and responsibilities of the licensed occupation, the felony offense is a sexually violent offense under Article 62.001, Code of Criminal Procedure, or the felony offense is an offense listed in Article 42A.054, Code of Criminal Procedure, pursuant to §53.021, Texas Occupations Code.
Additionally, SB 1080 added §53.0211(b-1), Texas Occupations Code, which allows licensing authorities discretion to consider the issuance of a provisional license to an applicant who has committed an offense and is an imprisoned inmate of the Texas Department of Criminal Justice (TDCJ) or is an applicant on parole or mandatory supervision who is residing at a halfway house or community residential facility. The applicant must be a student or graduate of the Windham School District or an institution of higher education. A provisional license issued under §53.0211(b-1), Texas Occupations Code is valid for twelve (12) months, and the term begins on the date an applicant who is an inmate is released, pursuant to amendments to §53.0211(b)(2) and §53.0211(c), Texas Occupations Code
EXPLANATION OF ACTION
The Board proposes to implement Senate Bill 1080 by amending 22 Texas Administrative Code §1.27 and §1.149. The amendments to §53.0211, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §1.27. The amendments to §53.021, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §1.149. Both rule sections also include non-substantive grammatical changes, changes for clarity in accordance with Chapter 53, Texas Occupations Code, and paragraph renumbering.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners. Ms. Mayo has determined that enforcing or administering the rules will not result in additional estimated costs, reduction in costs, loss or increase in revenue, or foreseeable implications relating to the costs or revenues of state or local government.
PUBLIC BENEFIT/COST OF COMPLIANCE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the public benefit includes reducing barriers to entry for applicants with felony criminal convictions. Compliance with the proposed rules is not expected to result in any additional economic costs to persons who are impacted by the rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under §2001.022, Texas Government Code.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption of the proposed rules would not result in the creation or elimination of employee positions. Implementation of the proposed rules is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rules do not require an increase or decrease in fees paid to the Board. The proposed rules would not result in the adoption of new regulations. The proposed rules amend existing regulations in a manner consistent with statutory requirements. The proposed rules may increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have a significant impact on the state's economy.
IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under §2006.002, Texas Government Code, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under §2007.043, Texas Government Code.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, §2001.0045, Texas Government Code does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The amendments to §1.27 are proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of architecture; §1051.207, Texas Occupations Code, which authorizes the Board to adopt rules as necessary to comply with Chapter 53, Texas Occupations Code; and §53.0211, Texas Occupations Code, which provides licensing authorities authority grant licenses and provisional licenses to certain applicants with prior criminal convictions.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§1.27.
(a)
The Board shall grant a certificate [Certificate] of registration [Registration] or a provisional certificate [Certificate] of registration [Registration] to an otherwise qualified Candidate who has been convicted of an offense that:
(1)
is not directly related to the Practice of Architecture as determined by the executive director [directory] under §1.149 of this chapter (relating to Criminal Convictions);
(2) - (3) (No change.)
(b) The Board may issue a provisional certificate of registration to an Applicant who has been convicted of an offense, including an Applicant who:
(1) is:
(A) an inmate imprisoned in the Texas Department of Criminal Justice; or
(B) a person released on parole or mandatory supervision and residing at a place described by §508.118 or §508.119, Texas Government Code; and
(2) is enrolled in or has completed an educational program offered by:
(A) the Windham School District; or
(B) an institution of higher education, as defined by §61.003, Education Code.
(c) [(b)] A provisional certificate [Certificate] of registration [Registration] expires twelve (12) [six (6)] months after the date it is issued.
(d) The term of a provisional certificate of registration issued to an Applicant who is an inmate imprisoned in the Texas Department of Criminal Justice begins on the date the Applicant is released.
(e) [(c)] A provisional certificate [Certificate] of registration [Registration] shall [may] be Revoked for the following reasons:
(1)
the [The] provisional Registrant commits a new offense [another offense during the 6-month provisional registration period];
(2)
the [The] provisional Registrant's community supervision, mandatory supervision, or parole is revoked [Revoked]; or
(3)
the [The] provisional Registrant violates a statute or rule enforced by the Board.
(f) [(d)] A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional certificate [Certificate] of registration [Registration], as well as any terms, conditions or limitations upon the provisional Registrant's practice.
(g) [(e)] Upon successful completion of the provisional registration [Registration] period, the Board shall issue a certificate [Certificate] of registration [Registration] to the provisional Registrant. If a provisional Registrant's provisional certificate [Certificate] is Revoked, the provisional Registrant is disqualified from receiving a certificate [Certificate] of registration [Registration] and may not apply for a certificate [Certificate] of registration [Registration] for a period of three (3) years from the date of Revocation.
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 January 2, 2026.
TRD-202600005
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
SUBCHAPTER
H.
STATUTORY AUTHORITY
The amendments to §1.149 are proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of architecture; §1051.207, Texas Occupations Code, which authorizes the Board to adopt rules as necessary to comply with Chapter 53, Texas Occupations Code; and §53.021, Texas Occupations Code, which provides licensing authorities authority to revoke, suspend, or deny a license based on a criminal conviction.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§1.149.
(a)
Pursuant to Chapter 53, Texas Occupations Code and §2005.052, Texas Government Code, the Board may suspend or Revoke [revoke] an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms and limitations of §1.27 of this chapter (relating to Provisional Licensure Following Criminal Conviction), or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction for [committing an offense if]:
(1)
an [the] offense that directly relates to the duties and responsibilities of an Architect;
(2)
an [the] offense [is] listed in Article 42A.054, Texas Code of Criminal Procedure; or
(3)
[the offense is] a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure.
(b) A Registrant's registration shall be Revoked on the Registrant's imprisonment following:
(1) a felony conviction for:
(A) an offense that directly relates to the duties and responsibilities of an Architect;
(B) an offense listed in Article 42A.054, Texas Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure;
(2) felony community supervision revocation;
(3) revocation of parole; or
(4) revocation of mandatory supervision.
(c) A Registrant's registration may be Revoked on the Registrant's imprisonment following a conviction for a felony other than those listed in subsection (b)(1) of this section.
(d) [(b)] The following procedures will apply in the consideration of an application for registration as an Architect or in the consideration of a Registrant's criminal history:
(1) - (3) (No change.)
(4) The notice provided by the executive director under this subsection must contain:
(A) a statement that the person is disqualified from being registered or being examined for registration because of the person's prior conviction of an offense specified in the notice; or
(B) a statement that:
(i)
the final decision of the Board to Revoke [revoke] or suspend the registration or deny the person a registration or the opportunity to be examined for the registration will be based on the factors listed in subsection (f) [(d)] of this section; and
(ii)
it is the person's responsibility to obtain and provide to the Board evidence regarding the factors listed in subsection (f) [(d)] of this section.
(5) (No change.)
(e) [(c)] In determining whether a criminal conviction is directly related to the duties and responsibilities of an Architect, the executive director and the Board shall consider each of the following factors:
(1) - (5) (No change.)
(f) [(d)] If the executive director or the Board determines under subsection (e) [(c)] of this section that a criminal conviction directly relates to the duties and responsibilities of an Architect, the executive director and the Board shall consider the following in determining whether to suspend or Revoke [revoke] a registration, disqualify a person from receiving a registration, or deny to a person the opportunity to take a registration examination:
(1) - (7) (No change.)
(g) [(e)] Crimes directly related to the duties and responsibilities of a Registered Architect include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional Practice of Architecture, such as the following:
(1) - (5) (No change.)
[(f) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.]
(h) [(g)] If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration, other than the issuance of a provisional certificate of registration under §1.27 of this chapter (relating to Provisional Licensure Following Criminal Conviction). If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.
(i) [(h)] If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:
(1)
the reason for rejecting the application or taking action against the Registrant's certificate of registration, including any factor considered under subsections (e) [(c)] or (f) [(d)] of this section that served as the basis for the action;
(2) - (3) (No change.)
(j) [(i)] All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.
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 January 2, 2026.
TRD-202600006
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
SUBCHAPTER
B.
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, Chapter 1 relating to Architects, §1.29 relating to Registration of a Military Service Member, Military Veteran, or Military Spouse.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would implement Senate Bill 1818 and House Bill 5629 (89th Regular Session, 2025), which amend provisions in Chapter 55, Texas Occupations Code, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.
Senate Bill 1818 mandates the prompt issuance of a provisional registration to an applicant under §55.004 or §55.0041, Texas Occupations Code if the agency is unable to promptly issue a license or recognition of an out-of-state license, respectively. A provisional license expires the earlier of the date the license is issued or recognition is granted, or the 180th day after the date the provisional registration is issued.
House Bill 5629 makes several changes to Chapter 55, Texas Occupations Code. Under the changes to §55.004, Texas Occupations Code, licensing agencies are required to issue a license to a military service member, military veteran, or military spouse who holds a license in good standing in another state with a similar scope of practice to Texas. Amendments to §55.0041, Texas Occupations Code, allow a military service member, military veteran, or military spouse to practice in Texas under an out-of-state license without having to become registered in Texas, and provides procedures for recognizing the out-of-state license.
Additionally, HB 5629 adds §55.0042, Texas Occupations Code, which specifies how "good standing" is determined, and also adds §55.0043, Texas Occupations Code, which requires that agencies track and publish complaints made against a military service member, military veteran, or military spouse. The law also modifies §55.005(a), Texas Occupations Code, which requires agencies to process applications and issue registrations for qualified applicants within 10 business days instead of 30. Finally, HB 5629 modifies §55.009, Texas Occupations Code to waive application fees for any individual who is a military service member, military veteran, or military spouse.
EXPLANATION OF ACTION
The Board proposes to implement Senate Bill 1818 and House Bill 5629 by amending 22 Texas Administrative Code §1.29. The amendments to Chapter 55, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §1.29. The proposed amendments also include non-substantive grammatical changes and paragraph renumbering.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners. Ms. Mayo has determined that enforcing or administering the rules will not result in additional estimated costs, reduction in costs, loss or increase in revenue, or foreseeable implications relating to the costs or revenues of state or local government.
PUBLIC BENEFIT/COST OF COMPLIANCE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the public benefit includes reducing barriers to entry for military service members, military veterans, and military spouses. Compliance with the proposed rules is not expected to result in any additional economic costs to persons who are impacted by the rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under §2001.022, Texas Government Code.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption of the proposed rules would not result in the creation or elimination of employee positions. Implementation of the proposed rules is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rules do not require an increase or decrease in fees paid to the Board. The proposed rules would not result in the adoption of new regulations. The proposed rules amend existing regulations in a manner consistent with statutory requirements. The proposed rules may increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have a significant impact on the state's economy.
IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under §2006.002, Texas Government Code, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under §2007.043, Texas Government Code.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, §2001.0045, Texas Government Code does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §1.29 is proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of architecture; §1051.704, Texas Occupations Code, which requires the Board to examine each applicant for registration on any architectural subject or procedure the Board requires and to issue a certificate of registration to each applicant who passes the examination; and §§55.004, 55.0041, 55.0042, 55.0043, 55.005, and 55.009, Texas Occupations Code, which relate to the Licensing of Military Service Members, Military Veterans, and Military Spouses.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§1.29.
(a)
For the purposes of this section, terms shall have the following definitions: [Definitions.]
(1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.
(2) "Armed forces of the United States" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(3) "Good Standing" means an Applicant:
(A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
(B) has not been disciplined by the licensing authority with respect to the license or person's practice of architecture; and
(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.
(4) "License" means a license or registration to practice architecture.
(5) [(3)] "Military service member" means a person who is on active duty.
(6) [(4)] "Military spouse" means a person who is married to a military service member.
(7) [(5)] "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.
(b) Expedited Licensure Procedure for a Military Service Member, Military Veteran, or Military Spouse.
(1) A military service member, military veteran, or military spouse may apply for a registration in accordance with:
(A) §1.21 of this chapter (relating to Registration by Examination);
(B) §1.22 of this chapter (relating to Registration by Reciprocal Transfer); or
(C) §55.004, Texas Occupations Code.
(2) A military service member, military veteran, or military spouse is eligible for registration under §55.004, Texas Occupations Code if:
(A) the Applicant holds a current license issued by another state that is similar in scope of practice to a Texas architectural registration and is in Good Standing with that state's licensing authority; or
(B) the Applicant held a Texas architectural registration within the five years preceding the application date under this subsection.
(3) Not later than the 10th business day after the date a military service member, military veteran, or military spouse files an application for registration under §1.21 or §1.22 of this chapter, the Board shall process the application and issue a registration to a qualifying Applicant.
(4) On receipt of an application for registration in accordance with §55.004, Texas Occupations Code, the Board shall promptly issue a provisional registration to the Applicant while the Board processes the application or issue the registration. A provisional registration issued under this subsection expires on the earlier of:
(A) the date the Board approves or denies the application for registration; or
(B) the 180th day after the date the provisional registration is issued.
[(b) Architectural registration eligibility requirements for military service members, military veterans, and military spouses.]
[(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.]
[(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:]
[(A) Holds an active architectural registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or]
[(B) Held an active architectural registration in this state within the five years preceding the application.]
[(3) Not later than 30 days after a military service member, military veteran, or military spouse files an application for registration, the Board shall process the application, and if the applicant qualifies for registration under this subsection, issue the registration.]
[(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.]
(c) Recognition of Out-of-State License of Military Service Members and Military Spouses.
(1) As applicable, a military service member or military spouse who holds a current license issued by another state that is similar in scope of practice to a Texas architectural registration and who is in Good Standing with that state's licensing authority may submit an application to the Board to request recognition of the out-of-state license in accordance with the provisions of §55.0041, Texas Occupations Code, if:
(A) the military service member has been ordered to relocate to Texas, or
(B) the military spouse is married to a military service member who has been ordered to relocate to Texas.
(2) An Applicant whose out-of-state license is recognized under this subsection may engage in the Practice of Architecture in this state without obtaining a registration.
(3) Prior to engaging in the Practice of Architecture under this subsection, the Applicant must submit the following information to the Board to demonstrate eligibility for recognition of an out-of-state license:
(A) a copy of the member's military orders showing relocation to this state;
(B) if the Applicant is a military spouse, a copy of the military spouse's marriage license; and
(C) a notarized affidavit affirming under penalty of perjury that:
(i) the Applicant is the person described and identified in the application;
(ii) all statements in the application are true, correct, and complete;
(iii) the Applicant understands the scope of practice for an architect in this state and will not perform outside of that scope of practice; and
(iv) the Applicant is in Good Standing in each state in which the Applicant holds or has held a license.
(4) Not later than 10 business days after a military service member or military spouse files an application for registration under this subsection, the Board shall:
(A) Notify the Applicant of the Board's determination that:
(i) the Board recognizes the Applicant's out-of-state license;
(ii) the application is incomplete; or
(iii) the Board is unable to recognize the Applicant's out-of-state license because the Board does not issue a registration similar in scope of practice to the Applicant's license; or
(B) Issue a provisional registration to the Applicant pending the issuance of a determination under paragraph (4)(A) of this subsection.
(5) A provisional registration issued under this subsection expires on the earlier of:
(A) the date the Board issues a determination under paragraph (4)(A) of this subsection; or
(B) the 180th day after the date the provisional registration is issued.
(6) An Applicant under this subsection shall comply with all other laws and regulations applicable to the Practice of Architecture in this state.
(7) A military service member or military spouse may engage in the Practice of Architecture under the authority of this subsection only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.
(8) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the Practice of Architecture under the authority of this subsection until the third anniversary of the date the spouse submitted the application required under paragraph (3) of this subsection.
[(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse.]
[(1) An individual who is a military service member or military spouse may qualify for a temporary architectural registration if the individual:]
[(A) holds a current architectural license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for architectural registration in this state;]
[(B) notifies the Board in writing of the individual's intent to practice Architecture in this state;]
[(C) submits to the Board required information to demonstrate eligibility for temporary architectural registration; and]
[(D) receives a verification letter from the Board that:]
[(i) the Board has verified the individual's license or registration in the other jurisdiction; and]
[(ii) the individual is issued a temporary architectural registration.]
[(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for an architectural registration in Texas:]
[(A) whether the other jurisdiction requires an applicant to pass the Architect Registration Examination (ARE);]
[(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and]
[(C) any education credentials required by the jurisdiction to obtain the license or registration.]
[(3) The individual must submit the following information to the Board to demonstrate eligibility for temporary architectural registration:]
[(A) a written request for the Board to review the individual's eligibility for temporary architectural registration;]
[(B) sufficient documentation to verify that the individual is currently licensed or registered in good standing in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;]
[(C) proof of residency in this state;]
[(D) a copy of the individual's military identification card; and]
[(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.]
[(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.]
[(5) A temporary architectural registration issued under this subsection expires three years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is no longer stationed at a military installation in Texas, whichever occurs first. The registration may not be renewed.]
[(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.]
[(7) Except as provided under this subsection, an individual who receives a temporary architectural registration under this subsection is subject to and shall comply with all applicable laws, rules, and standards governing the Practice of Architecture in this state.]
[(8) A temporary architectural registration issued under this subsection may be revoked if the individual:]
[(A) fails to comply with paragraph (7) of this subsection; or]
[(B) the individual's license or registration required under paragraph (1)(A) of this subsection expires or is suspended or revoked.]
[(9) The Board shall not charge a fee for the issuance of a temporary architectural registration under this subsection.]
(d) The Board will review and evaluate the following criteria when determining whether another state's scope of practice of a licensed architect is similar to the scope of practice of an Architect in Texas:
(1) Whether the statutory definition of the practice of architecture includes the core functions recognized in Texas;
(2) Whether architects are responsible for public health, safety, and welfare in a manner comparable to Texas;
(3) Whether the other state restricts architectural services to licensed architects in a manner consistent with Texas practice;
(4) The similarity of exemptions from licensure, including building-type or size exemptions, and whether such exemptions materially alter the scope of services architects perform;
(5) Whether architects in the other state are authorized or required to perform construction observation services similar to those required in Texas;
(6) The similarity of requirements for responsible charge or responsible control, including duties related to supervision, document preparation, and sealing construction documents for regulatory approval, permitting, or construction;
(7) Whether architects have comparable responsibilities for building code compliance, accessibility, life-safety considerations, and related regulatory obligations;
(8) The extent to which the division of responsibilities between architects and other licensed professions, such as engineers, aligns with Texas practice;
(9) Whether requirements for architectural involvement in public-sector projects align with Texas standards;
(10) Whether rules, interpretations, or guidance issued by the other state's architectural licensing board result in a functional scope of practice comparable to Texas; and
(11) The similarity of enforcement mechanisms, disciplinary authority, and standards of professional responsibility that define and limit the scope of practice.
(e) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
(f) The Board shall not charge an application or examination fee paid to the Board for any Applicant who is a military service member, military veteran, or military spouse.
(g) A military service member is exempt from any increased fee or other penalty for failing to renew a registration in a timely manner if the individual establishes to the satisfaction of the Board that the failure was due to the individual serving as a military service member.
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 January 2, 2026.
TRD-202600002
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
CHAPTER 3. LANDSCAPE ARCHITECTS
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, Chapter 3 relating to Landscape Architects, §3.27, relating to Provisional Licensure, and §3.149, relating to Criminal Convictions.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would implement Senate Bill 1080 (89th Regular Session, 2025), which amends provisions in Chapter 53, Texas Occupations Code, relating to licensing and Consequences of Criminal Conviction.
Through Senate Bill 1080, the legislature provides licensing authorities discretion to revoke a license following imprisonment for a felony conviction, unless the felony offense is directly related to the duties and responsibilities of the licensed occupation, the felony offense is a sexually violent offense under Article 62.001, Code of Criminal Procedure, or the felony offense is an offense listed in Article 42A.054, Code of Criminal Procedure, pursuant to §53.021, Texas Occupations Code.
Additionally, SB 1080 added §53.0211(b-1), Texas Occupations Code, which allows licensing authorities discretion to consider the issuance of a provisional license to an applicant who has committed an offense and is an imprisoned inmate of the Texas Department of Criminal Justice (TDCJ) or is an applicant on parole or mandatory supervision who is residing at a halfway house or community residential facility. The applicant must be a student or graduate of the Windham School District or an institution of higher education. A provisional license issued under §53.0211(b-1), Texas Occupations Code is valid for twelve (12) months, and the term begins on the date an applicant who is an inmate is released, pursuant to amendments to §53.0211(b)(2) and §53.0211(c), Texas Occupations Code
EXPLANATION OF ACTION
The Board proposes to implement Senate Bill 1080 by amending 22 Texas Administrative Code §3.27 and §3.149. The amendments to §53.0211, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §3.27. The amendments to §53.021, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §3.149. Both rule sections also include non-substantive grammatical changes, changes for clarity in accordance with Chapter 53, Texas Occupations Code, and paragraph renumbering.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners. Ms. Mayo has determined that enforcing or administering the rules will not result in additional estimated costs, reduction in costs, loss or increase in revenue, or foreseeable implications relating to the costs or revenues of state or local government.
PUBLIC BENEFIT/COST OF COMPLIANCE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the public benefit includes reducing barriers to entry for applicants with felony criminal convictions. Compliance with the proposed rules is not expected to result in any additional economic costs to persons who are impacted by the rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under §2001.022, Texas Government Code.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption of the proposed rules would not result in the creation or elimination of employee positions. Implementation of the proposed rules is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rules do not require an increase or decrease in fees paid to the Board. The proposed rules would not result in the adoption of new regulations. The proposed rules amend existing regulations in a manner consistent with statutory requirements. The proposed rules may increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have a significant impact on the state's economy.
IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under §2006.002, Texas Government Code, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under §2007.043, Texas Government Code.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, §2001.0045, Texas Government Code does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The amendments to §3.27 are proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of landscape architecture; §1051.207, Texas Occupations Code, which authorizes the Board to adopt rules as necessary to comply with Chapter 53, Texas Occupations Code; and §53.0211, Texas Occupations Code, which provides licensing authorities authority grant licenses and provisional licenses to certain applicants with prior criminal convictions.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§3.27.
(a)
The Board shall grant a certificate [Certificate] of registration [Registration] or a provisional certificate [Certificate] of registration [Registration] to an otherwise qualified Candidate who has been convicted of an offense that:
(1) - (3) (No change.)
(b) The Board may issue a provisional certificate of registration to an applicant who has been convicted of an offense, including an Applicant who:
(1) is:
(A) an inmate imprisoned in the Texas Department of Criminal Justice; or
(B) a person released on parole or mandatory supervision and residing at a place described by §508.118 or §508.119, Government Code; and
(2) is enrolled in or has completed an educational program offered by:
(A) the Windham School District; or
(B) an institution of higher education, as defined by §61.003, Education Code.
(c) [(b)] A provisional certificate [Certificate] of registration [Registration] expires twelve (12) [six (6)] months after the date it is issued.
(d) The term of a provisional certificate of registration issued to an Applicant who is an inmate imprisoned in the Texas Department of Criminal Justice begins on the date the Applicant is released.
(e) [(c)] A provisional certificate [Certificate] of registration shall [Registration may] be Revoked for the following reasons:
(1)
the provisional Registrant commits a new offense [another offense during the 6-month provisional registration period];
(2)
the provisional Registrant's community supervision, mandatory supervision, or parole is revoked [Revoked]; or
(3) (No change.)
(f) [(d)] A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional certificate [Certificate] of registration [Registration], as well as any terms, conditions or limitations upon the provisional Registrant's practice.
(g) [(e)] Upon successful completion of the provisional registration [Registration] period, the Board shall issue a certificate [Certificate] of registration [Registration] to the provisional Registrant. If a provisional Registrant's provisional certificate [Certificate] is Revoked, the provisional Registrant is disqualified from receiving a certificate [Certificate] of registration [Registration] and may not apply for a certificate [Certificate] of registration [Registration] for a period of three (3) years from the date of Revocation.
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 January 2, 2026.
TRD-202600007
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
SUBCHAPTER
H.
STATUTORY AUTHORITY
The amendments to §3.149 are proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of landscape architecture; §1051.207, Texas Occupations Code, which authorizes the Board to adopt rules as necessary to comply with Chapter 53, Texas Occupations Code; and §53.021, Texas Occupations Code, which provides licensing authorities authority to revoke, suspend, or deny a license based on a criminal conviction.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§3.149.
(a)
Pursuant to Chapter 53, Texas Occupations Code and §2005.052, Texas Government Code, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms and limitations of §3.27 of this chapter (relating to Provisional Licensure Following Criminal Conviction), or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction for [committing an offense if]:
(1)
an [the] offense that directly relates to the duties and responsibilities of a Landscape Architect;
(2)
an [the] offense [is] listed in Article 42A.054, Texas Code of Criminal Procedure; or
(3)
[the offense is] a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure.
(b) A Registrant's registration shall be Revoked on the Registrant's imprisonment following:
(1) a felony conviction for:
(A) an offense that directly relates to the duties and responsibilities of a Landscape Architect;
(B) an offense listed in Article 42A.054, Texas Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure;
(2) felony community supervision revocation;
(3) revocation of parole; or
(4) revocation of mandatory supervision.
(c) A Registrant's registration may be Revoked on the Registrant's imprisonment following a conviction for a felony other than those listed in subsection (b)(1) of this section.
(d) [(b)] The following procedures will apply in the consideration of an application for registration as a Landscape Architect or in the consideration of a Registrant's criminal history:
(1) - (3) (No change.)
(4) The notice provided by the executive director under this subsection must contain:
(A) a statement that the person is disqualified from being registered or being examined for registration because of the person's prior conviction of an offense specified in the notice; or
(B) a statement that:
(i)
the final decision of the Board to Revoke [revoke] or suspend the registration or deny the person a registration or the opportunity to be examined for the registration will be based on the factors listed in subsection (f) [(d)] of this section; and
(ii)
it is the person's responsibility to obtain and provide to the Board evidence regarding the factors listed in subsection (f) [(d)] of this section.
(5) (No change.)
(e) [(c)] In determining whether a criminal conviction is directly related to the duties and responsibilities of a Landscape Architect, the executive director and the Board shall consider each of the following factors:
(1) - (5) (No change.)
(f) [(d)] If the executive director or the Board determines under subsection (e) [(c)] of this section that a criminal conviction directly relates to the duties and responsibilities of a Landscape Architect, the executive director and the Board shall consider the following in determining whether to suspend or Revoke [revoke] a registration, disqualify a person from receiving a registration, or deny to a person the opportunity to take a registration examination:
(1) - (7) (No change.)
(g) [(e)] Crimes directly related to the duties and responsibilities of a Landscape Architect include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of Landscape Architecture, such as the following:
(1) - (5) (No change.)
[(f) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.]
(h) [(g)] If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration, other than the issuance of a provisional Certificate of Registration under §3.27 of this chapter (relating to Provisional Licensure Following Criminal Conviction). If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.
(i) [(h)] If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:
(1)
the reason for rejecting the application or taking action against the Registrant's certificate of registration including any factor considered under subsections (e) [(c)] or (f) [(d)] of this section that served as the basis for the action;
(2) - (3) (No change.)
(j) [(i)] All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.
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 January 2, 2026.
TRD-202600008
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
SUBCHAPTER
B.
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, Chapter 3 relating to Landscape Architects, §3.29 relating to Registration of a Military Service Member, Military Veteran, or Military Spouse.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would implement Senate Bill 1818 and House Bill 5629 (89th Regular Session, 2025), which amend provisions in Chapter 55, Texas Occupations Code, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.
Senate Bill 1818 mandates the prompt issuance of a provisional registration to an applicant under §55.004 or §55.0041, Texas Occupations Code if the agency is unable to promptly issue a license or recognition of an out-of-state license, respectively. A provisional license expires the earlier of the date the license is issued or recognition is granted, or the 180th day after the date the provisional registration is issued.
House Bill 5629 makes several changes to Chapter 55, Texas Occupations Code. Under the changes to §55.004, Texas Occupations Code, licensing agencies are required to issue a license to a military service member, military veteran, or military spouse who holds a license in good standing in another state with a similar scope of practice to Texas. Amendments to §55.0041, Texas Occupations Code, allow a military service member, military veteran, or military spouse to practice in Texas under an out-of-state license without having to become registered in Texas, and provides procedures for recognizing the out-of-state license.
Additionally, HB 5629 adds §55.0042, Texas Occupations Code, which specifies how "good standing" is determined, and also adds §55.0043, Texas Occupations Code, which requires that agencies track and publish complaints made against a military service member, military veteran, or military spouse. The law also modifies §55.005(a), Texas Occupations Code, which requires agencies to process applications and issue registrations for qualified applicants within 10 business days instead of 30. Finally, HB 5629 modifies §55.009, Texas Occupations Code to waive application fees for any individual who is a military service member, military veteran, or military spouse.
EXPLANATION OF ACTION
The Board proposes to implement Senate Bill 1818 and House Bill 5629 by amending 22 Texas Administrative Code §3.29. The amendments to Chapter 55, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §3.29. The proposed amendments also include non-substantive grammatical changes and paragraph renumbering.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners. Ms. Mayo has determined that enforcing or administering the rules will not result in additional estimated costs, reduction in costs, loss or increase in revenue, or foreseeable implications relating to the costs or revenues of state or local government.
PUBLIC BENEFIT/COST OF COMPLIANCE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the public benefit includes reducing barriers to entry for military service members, military veterans, and military spouses. Compliance with the proposed rules is not expected to result in any additional economic costs to persons who are impacted by the rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under §2001.022, Texas Government Code.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption of the proposed rules would not result in the creation or elimination of employee positions. Implementation of the proposed rules is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rules do not require an increase or decrease in fees paid to the Board. The proposed rules would not result in the adoption of new regulations. The proposed rules amend existing regulations in a manner consistent with statutory requirements. The proposed rules may increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have a significant impact on the state's economy.
IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under §2006.002, Texas Government Code, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under §2007.043, Texas Government Code.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, §2001.0045, Texas Government Code does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §3.29 is proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of landscape architecture; and §§55.004, 55.0041, 55.0042, 55.0043, 55.005, and 55.009, Texas Occupations Code, which relate to the Licensing of Military Service Members, Military Veterans, and Military Spouses.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§3.29.
(a)
For the purposes of this section, terms shall have the following definitions: [Definitions.]
(1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.
(2) "Armed forces of the United States" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(3) "Good Standing" means an Applicant:
(A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
(B) has not been disciplined by the licensing authority with respect to the license or person's practice of landscape architecture; and
(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.
(4) "License" means a license or registration to practice landscape architecture.
(5) [(3)] "Military service member" means a person who is on active duty.
(6) [(4)] "Military spouse" means a person who is married to a military service member.
(7) [(5)] "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.
(b) Expedited Licensure Procedure for a Military Service Member, Military Veteran, or Military Spouse.
(1) A military service member, military veteran, or military spouse may apply for a registration in accordance with:
(A) §3.21 of this chapter (relating to Registration by Examination);
(B) §3.22 of this chapter (relating to Registration by Reciprocal Transfer); or
(C) §55.004, Texas Occupations Code.
(2) A military service member, military veteran, or military spouse is eligible for registration under §55.004, Texas Occupations Code if:
(A) the Applicant holds a current license issued by another state that is similar in scope of practice to a Texas landscape architectural registration and is in Good Standing with that state's licensing authority; or
(B) the Applicant held a Texas landscape architectural registration within the five years preceding the application date under this subsection.
(3) Not later than the 10th business day after the date a military service member, military veteran, or military spouse files an application for registration under §3.21 or §3.22 of this chapter, the Board shall process the application and issue a registration to a qualifying Applicant.
(4) On receipt of an application for registration in accordance with §55.004, Texas Occupations Code, the Board shall promptly issue a provisional registration to the Applicant while the Board processes the application or issue the registration. A provisional registration issued under this subsection expires on the earlier of:
(A) the date the Board approves or denies the application for registration; or
(B) the 180th day after the date the provisional registration is issued.
[(b) Landscape architectural registration eligibility requirements for military service members, military veterans, and military spouses.]
[(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.]
[(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:]
[(A) Holds an active landscape architectural registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or]
[(B) Held an active landscape architectural registration in this state within the five years preceding the application.]
[(3) Not later than 30 days after a military service member, military veteran, or military spouse files an application for registration, the Board shall process the application, and if the applicant qualifies for registration under this subsection, issue the registration.]
[(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.]
(c) Recognition of Out-of-State License of Military Service Members and Military Spouses.
(1) As applicable, a military service member or military spouse who holds a current license issued by another state that is similar in scope of practice to a Texas landscape architectural registration and who is in Good Standing with that state's licensing authority may submit an application to the Board to request recognition of the out-of-state license in accordance with the provisions of §55.0041, Texas Occupations Code, if:
(A) the military service member has been ordered to relocate to Texas, or
(B) the military spouse is married to a military service member who has been ordered to relocate to Texas.
(2) An Applicant whose out-of-state license is recognized under this subsection may engage in the practice of landscape architecture in this state without obtaining a registration.
(3) Prior to engaging in the practice of landscape architecture under this subsection, the Applicant must submit the following information to the Board to demonstrate eligibility for recognition of an out-of-state license:
(A) a copy of the member's military orders showing relocation to this state;
(B) if the Applicant is a military spouse, a copy of the military spouse's marriage license; and
(C) a notarized affidavit affirming under penalty of perjury that:
(i) the Applicant is the person described and identified in the application;
(ii) all statements in the application are true, correct, and complete;
(iii) the Applicant understands the scope of practice for a landscape architect in this state and will not perform outside of that scope of practice; and
(iv) the Applicant is in Good Standing in each state in which the Applicant holds or has held a license.
(4) Not later than 10 business days after a military service member or military spouse files an application for registration under this subsection, the Board shall:
(A) Notify the Applicant of the Board's determination that:
(i) the Board recognizes the Applicant's out-of-state license;
(ii) the application is incomplete; or
(iii) the Board is unable to recognize the Applicant's out-of-state license because the Board does not issue a registration similar in scope of practice to the Applicant's license; or
(B) Issue a provisional registration to the Applicant pending the issuance of a determination under paragraph (4)(A) of this subsection.
(5) A provisional registration issued under this subsection expires on the earlier of:
(A) the date the Board issues a determination under paragraph (4)(A) of this subsection; or
(B) the 180th day after the date the provisional registration is issued.
(6) An Applicant under this subsection shall comply with all other laws and regulations applicable to the practice of landscape architecture in this state.
(7) A military service member or military spouse may engage in the practice of landscape architecture under the authority of this subsection only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.
(8) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the practice of landscape architecture under the authority of this subsection until the third anniversary of the date the spouse submitted the application required under paragraph (3) of this subsection.
[(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse.]
[(1) An individual who is a military service member or military spouse may qualify for a temporary landscape architectural registration if the individual:]
[(A) holds a current landscape architectural license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for landscape architectural registration in this state;]
[(B) notifies the Board in writing of the individual's intent to practice Landscape Architecture in this state;]
[(C) submits to the Board required information to demonstrate eligibility for temporary landscape architectural registration; and]
[(D) receives a verification letter from the Board that:]
[(i) the Board has verified the individual's license or registration in the other jurisdiction; and]
[(ii) the individual is issued a temporary landscape architectural registration.]
[(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a landscape architectural registration in Texas:]
[(A) whether the other jurisdiction requires an applicant to pass the Landscape Architect Registration Examination (LARE);]
[(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and]
[(C) any education credentials required by the jurisdiction to obtain the license or registration.]
[(3) The individual must submit the following information to the Board to demonstrate eligibility for temporary landscape architectural registration:]
[(A) a written request for the Board to review the individual's eligibility for temporary landscape architectural registration;]
[(B) sufficient documentation to verify that the individual is currently licensed or registered in good standing in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;]
[(C) proof of residency in this state;]
[(D) a copy of the individual's military identification card; and]
[(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.]
[(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.]
[(5) A temporary landscape architectural registration issued under this subsection expires three years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is no longer stationed at a military installation in Texas, whichever occurs first. The registration may not be renewed.]
[(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.]
[(7) Except as provided under this subsection, an individual who receives a temporary landscape architectural registration under this subsection is subject to and shall comply with all applicable laws, rules, and standards governing the practice of Landscape Architecture in this state.]
[(8) A temporary landscape architectural registration issued under this subsection may be revoked if the individual:]
[(A) fails to comply with paragraph (7) of this subsection; or]
[(B) the individual's license or registration required under paragraph (1)(A) of this subsection expires or is suspended or revoked.]
[(9) The Board shall not charge a fee for the issuance of a temporary landscape architectural registration under this subsection.]
(d) The Board will review and evaluate the following criteria when determining whether another state's scope of practice of a licensed landscape architect is similar to the scope of practice of a landscape architect in Texas:
(1) Whether the statutory definition of the practice of landscape architecture includes the core functions recognized in Texas;
(2) Whether landscape architects are responsible for public health, safety, and welfare in a manner comparable to Texas;
(3) Whether the other state restricts landscape architectural services to licensed landscape architects in a manner consistent with Texas practice;
(4) The similarity of exemptions from licensure and whether such exemptions materially alter the scope of services landscape architects perform;
(5) The similarity of requirements for responsible charge or responsible control, including duties related to supervision, document preparation, and sealing construction documents for regulatory approval, permitting, or construction;
(6) Whether landscape architects have comparable responsibilities for building code compliance, accessibility, life-safety considerations, and related regulatory obligations;
(7) The extent to which the division of responsibilities between landscape architects and other licensed professions, such as architects and engineers, aligns with Texas practice;
(8) Whether rules, interpretations, or guidance issued by the other state's landscape architectural licensing board result in a functional scope of practice comparable to Texas; and
(9) The similarity of enforcement mechanisms, disciplinary authority, and standards of professional responsibility that define and limit the scope of practice.
(e) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
(f) The Board shall not charge an application or examination fee paid to the Board for any Applicant who is a military service member, military veteran, or military spouse.
(g) A military service member is exempt from any increased fee or other penalty for failing to renew a registration in a timely manner if the individual establishes to the satisfaction of the Board that the failure was due to the individual serving as a military service member.
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 January 2, 2026.
TRD-202600003
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
CHAPTER 5. REGISTERED INTERIOR DESIGNERS
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, Chapter 5 relating to Registered Interior Designers, §5.37, relating to Provisional Licensure, and §5.158, relating to Criminal Convictions.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would implement Senate Bill 1080 (89th Regular Session, 2025), which amends provisions in Chapter 53, Texas Occupations Code, relating to licensing and Consequences of Criminal Conviction.
Through Senate Bill 1080, the legislature provides licensing authorities discretion to revoke a license following imprisonment for a felony conviction, unless the felony offense is directly related to the duties and responsibilities of the licensed occupation, the felony offense is a sexually violent offense under Article 62.001, Code of Criminal Procedure, or the felony offense is an offense listed in Article 42A.054, Code of Criminal Procedure, pursuant to §53.021, Texas Occupations Code.
Additionally, SB 1080 added §53.0211(b-1), Texas Occupations Code, which allows licensing authorities discretion to consider the issuance of a provisional license to an applicant who has committed an offense and is an imprisoned inmate of the Texas Department of Criminal Justice (TDCJ) or is an applicant on parole or mandatory supervision who is residing at a halfway house or community residential facility. The applicant must be a student or graduate of the Windham School District or an institution of higher education. A provisional license issued under §53.0211(b-1), Texas Occupations Code is valid for twelve (12) months, and the term begins on the date an applicant who is an inmate is released, pursuant to amendments to §53.0211(b)(2) and §53.0211(c), Texas Occupations Code
EXPLANATION OF ACTION
The Board proposes to implement Senate Bill 1080 by amending 22 Texas Administrative Code §5.37 and §5.158. The amendments to §53.0211, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §5.37. The amendments to §53.021, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §5.158. Both rule sections also include non-substantive grammatical changes, changes for clarity in accordance with Chapter 53, Texas Occupations Code, and paragraph renumbering.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners. Ms. Mayo has determined that enforcing or administering the rules will not result in additional estimated costs, reduction in costs, loss or increase in revenue, or foreseeable implications relating to the costs or revenues of state or local government.
PUBLIC BENEFIT/COST OF COMPLIANCE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the public benefit includes reducing barriers to entry for applicants with felony criminal convictions. Compliance with the proposed rules is not expected to result in any additional economic costs to persons who are impacted by the rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under §2001.022, Texas Government Code.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption of the proposed rules would not result in the creation or elimination of employee positions. Implementation of the proposed rules is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rules do not require an increase or decrease in fees paid to the Board. The proposed rules would not result in the adoption of new regulations. The proposed rules amend existing regulations in a manner consistent with statutory requirements. The proposed rules may increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have a significant impact on the state's economy.
IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under §2006.002, Texas Government Code, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under §2007.043, Texas Government Code.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, §2001.0045, Texas Government Code does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The amendments to §5.37 are proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1051.207, Texas Occupations Code, which authorizes the Board to adopt rules as necessary to comply with Chapter 53, Texas Occupations Code; and §53.0211, Texas Occupations Code, which provides licensing authorities authority grant licenses and provisional licenses to certain applicants with prior criminal convictions.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§5.37.
(a)
The Board shall grant a certificate [Certificate] of registration [Registration] or a provisional certificate [Certificate] of registration [Registration] to an otherwise qualified Applicant who has been convicted of an offense that:
(1) - (3) (No change.)
(b) The Board may issue a provisional certificate of registration to an Applicant who has been convicted of an offense, including an Applicant who:
(1) is:
(A) an inmate imprisoned in the Texas Department of Criminal Justice; or
(B) a person released on parole or mandatory supervision and residing at a place described by §508.118 or §508.119, Government Code; and
(2) is enrolled in or has completed an educational program offered by:
(A) the Windham School District; or
(B) an institution of higher education, as defined by §61.003, Education Code.
(c) [(b)] A provisional certificate [Certificate] of registration [Registration] expires twelve (12) [six (6)] months after the date it is issued.
(d) The term of a provisional certificate of registration issued to an Applicant who is an inmate imprisoned in the Texas Department of Criminal Justice begins on the date the Applicant is released.
(e) [(c)] A provisional certificate [Certificate] of registration [Registration] shall [may] be Revoked for the following reasons:
(1)
the provisional Registrant commits a new offense [another offense during the 6-month provisional registration period];
(2)
the provisional Registrant's community supervision, mandatory supervision, or parole is revoked [Revoked]; or
(3) (No change.)
(f) [(d)] A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional certificate [Certificate] of registration [Registration], as well as any terms, conditions or limitations upon the provisional Registrant's practice.
(g) [(e)] Upon successful completion of the provisional registration [Registration] period, the Board shall issue a certificate [Certificate] of registration [Registration] to the provisional Registrant. If a provisional Registrant's provisional certificate [Certificate] is Revoked, the provisional Registrant is disqualified from receiving a certificate [Certificate] of registration [Registration] and may not apply for a certificate [Certificate] of registration [Registration] for a period of three (3) years from the date of Revocation.
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 January 2, 2026.
TRD-202600009
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
SUBCHAPTER
H.
STATUTORY AUTHORITY
The amendments to §5.158 are proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; §1051.207, Texas Occupations Code, which authorizes the Board to adopt rules as necessary to comply with Chapter 53, Texas Occupations Code; and §53.021, Texas Occupations Code, which provides licensing authorities authority to revoke, suspend, or deny a license based on a criminal conviction.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§5.158.
(a)
Pursuant to Chapter 53, Texas Occupations Code and §2005.052, Texas Government Code, the Board may suspend or Revoke [revoke] an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms and limitations of §5.37 of this chapter (relating to Provisional Licensure Following Criminal Conviction), or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction for [committing an offense if]:
(1)
an [the] offense that directly relates to the duties and responsibilities of a Registered Interior Designer;
(2)
an [the] offense [is] listed in Article 42A.054, Texas Code of Criminal Procedure; or
(3)
[the offense is] a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure.
(b) A Registrant's registration shall be Revoked on the Registrant's imprisonment following:
(1) a felony conviction for:
(A) an offense that directly relates to the duties and responsibilities of a Registered Interior Designer;
(B) an offense listed in Article 42A.054, Texas Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure;
(2) felony community supervision revocation;
(3) revocation of parole; or
(4) revocation of mandatory supervision.
(c) A Registrant's registration may be Revoked on the Registrant's imprisonment following a conviction for a felony other than those listed in subsection (b)(1) of this section.
(d) [(b)] The following procedures will apply in the consideration of an application for registration as a Registered Interior Designer or in the consideration of a Registrant's criminal history:
(1) - (3) (No change.)
(4) The notice provided by the executive director under this subsection must contain:
(A) a statement that the person is disqualified from being registered or being examined for registration because of the person's prior conviction of an offense specified in the notice; or
(B) a statement that:
(i)
the final decision of the Board to Revoke [revoke] or suspend the registration or deny the person a registration or the opportunity to be examined for the registration will be based on the factors listed in subsection (f) [(d)] of this section; and
(ii)
it is the person's responsibility to obtain and provide to the Board evidence regarding the factors listed in subsection (f) [(d)] of this section.
(5) (No change.)
(e) [(c)] In determining whether a criminal conviction is directly related to the duties and responsibilities of a Registered Interior Designer, the executive director and the Board shall consider each of the following factors:
(1) - (5) (No change.)
(f) [(d)] If the executive director or the Board determines under subsection (e) [(c)] of this section that a criminal conviction directly relates to the duties and responsibilities of a Registered Interior Designer, the executive director and the Board shall consider the following in determining whether to suspend or Revoke [revoke] a registration, disqualify a person from receiving a registration, or deny to a person the opportunity to take a registration examination:
(1) - (7) (No change.)
(g) [(e)] Crimes directly related to the duties and responsibilities of a Registered Interior Designer include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of Interior Design, such as the following:
(1) - (5) (No change.)
[(f) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.]
(h) [(g)] If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration, other than the issuance of a provisional Certificate of Registration under §5.37 of this chapter (relating to Provisional Licensure Following Criminal Conviction). If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.
(i) [(h)] If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:
(1)
the reason for rejecting the application or taking action against the Registrant's certificate of registration, including any factor considered under subsections (e) [(c)] or (f) [(d)] of this section that served as the basis for the action;
(2) - (3) (No change.)
(j) [(i)] All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.
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 January 2, 2026.
TRD-202600010
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040
SUBCHAPTER
B.
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, Chapter 5 relating to Registered Interior Designers, §5.39 relating to Registration of a Military Service Member, Military Veteran, or Military Spouse.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would implement Senate Bill 1818 and House Bill 5629 (89th Regular Session, 2025), which amend provisions in Chapter 55, Texas Occupations Code, relating to Licensing of Military Service Members, Military Veterans, and Military Spouses.
Senate Bill 1818 mandates the prompt issuance of a provisional registration to an applicant under §55.004 or §55.0041, Texas Occupations Code if the agency is unable to promptly issue a license or recognition of an out-of-state license, respectively. A provisional license expires the earlier of the date the license is issued or recognition is granted, or the 180th day after the date the provisional registration is issued.
House Bill 5629 makes several changes to Chapter 55, Texas Occupations Code. Under the changes to §55.004, Texas Occupations Code, licensing agencies are required to issue a license to a military service member, military veteran, or military spouse who holds a license in good standing in another state with a similar scope of practice to Texas. Amendments to §55.0041, Texas Occupations Code, allow a military service member, military veteran, or military spouse to practice in Texas under an out-of-state license without having to become registered in Texas, and provides procedures for recognizing the out-of-state license.
Additionally, HB 5629 adds §55.0042, Texas Occupations Code, which specifies how "good standing" is determined, and also adds §55.0043, Texas Occupations Code, which requires that agencies track and publish complaints made against a military service member, military veteran, or military spouse. The law also modifies §55.005(a), Texas Occupations Code, which requires agencies to process applications and issue registrations for qualified applicants within 10 business days instead of 30. Finally, HB 5629 modifies §55.009, Texas Occupations Code to waive application fees for any individual who is a military service member, military veteran, or military spouse.
EXPLANATION OF ACTION
The Board proposes to implement Senate Bill 1818 and House Bill 5629 by amending 22 Texas Administrative Code §5.39. The amendments to Chapter 55, Texas Occupations Code are incorporated into proposed changes to 22 Texas Administrative Code §5.39. The proposed amendments also include non-substantive grammatical changes and paragraph renumbering.
CERTIFICATION
The Board certifies that these proposed rules have been reviewed by legal counsel and found to be within the Board's legal authority to adopt.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners. Ms. Mayo has determined that enforcing or administering the rules will not result in additional estimated costs, reduction in costs, loss or increase in revenue, or foreseeable implications relating to the costs or revenues of state or local government.
PUBLIC BENEFIT/COST OF COMPLIANCE
Pim Mayo, General Counsel, has determined that for the first five-year period the proposed rules are in effect, the public benefit includes reducing barriers to entry for military service members, military veterans, and military spouses. Compliance with the proposed rules is not expected to result in any additional economic costs to persons who are impacted by the rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under §2001.022, Texas Government Code.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption of the proposed rules would not result in the creation or elimination of employee positions. Implementation of the proposed rules is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rules do not require an increase or decrease in fees paid to the Board. The proposed rules would not result in the adoption of new regulations. The proposed rules amend existing regulations in a manner consistent with statutory requirements. The proposed rules may increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have a significant impact on the state's economy.
IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under §2006.002, Texas Government Code, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under §2007.043, Texas Government Code.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, §2001.0045, Texas Government Code does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §5.39 is proposed under §1051.202, Texas Occupations Code, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design; and §§55.004, 55.0041, 55.0042, 55.0043, 55.005, and 55.009, Texas Occupations Code, which relate to the Licensing of Military Service Members, Military Veterans, and Military Spouses.
CROSS REFERENCE TO STATUTES
The proposed rules do not affect any other statute.
§5.39.
(a)
For the purposes of this section, terms shall have the following definitions: [Definitions.]
(1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.
(2) "Armed forces of the United States" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(3) "Good Standing" means an Applicant:
(A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
(B) has not been disciplined by the licensing authority with respect to the license or person's practice of interior design; and
(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.
(4) "License" means a license or registration to practice interior design or utilize a title relating to interior design.
(5) [(3)] "Military service member" means a person who is on active duty.
(6) [(4)] "Military spouse" means a person who is married to a military service member.
(7) [(5)] "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.
(b) Expedited Licensure Procedure for a Military Service Member, Military Veteran, or Military Spouse.
(1) A military service member, military veteran, or military spouse may apply for a registration in accordance with:
(A) §5.31 of this Chapter (relating to Registration by Examination);
(B) §5.32 of this Chapter (relating to Registration by Reciprocal Transfer); or
(C) §55.004, Texas Occupations Code.
(2) A military service member, military veteran, or military spouse is eligible for registration under §55.004, Texas Occupations Code if:
(A) the Applicant holds a current license issued by another state that is similar in scope of practice to a Texas interior design registration and is in Good Standing with that state's licensing authority; or
(B) the Applicant held a Texas interior design registration within the five years preceding the application date under this subsection.
(3) Not later than the 10th business day after the date a military service member, military veteran, or military spouse files an application for registration under §5.31 or §5.32 of this chapter, the Board shall process the application and issue a registration to a qualifying Applicant.
(4) On receipt of an application for registration in accordance with §55.004, Texas Occupations Code, the Board shall promptly issue a provisional registration to the Applicant while the Board processes the application or issue the registration. A provisional registration issued under this subsection expires on the earlier of:
(A) the date the Board approves or denies the application for registration; or
(B) the 180th day after the date the provisional registration is issued.
[(b) Interior design registration eligibility requirements for military service members, military veterans, and military spouses.]
[(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.]
[(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:]
[(A) Holds an active interior design registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or]
[(B) Held an active interior design registration in this state within the five years preceding the application.]
[(3) Not later than 30 days after a military service member, military veteran, or military spouse files an application for registration, the Board shall process the application, and if the applicant qualifies for registration under this subsection, issue the registration.]
[(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.]
(c) Recognition of Out-of-State License of Military Service Members and Military Spouses.
(1) As applicable, a military service member or military spouse who holds a current license issued by another state that is similar in scope of practice to a Texas interior design registration and who is in Good Standing with that state's licensing authority may submit an application to the Board to request recognition of the out-of-state license in accordance with the provisions of §55.0041, Texas Occupations Code, if:
(A) the military service member has been ordered to relocate to Texas, or
(B) the military spouse is married to a military service member who has been ordered to relocate to Texas.
(2) An Applicant whose out-of-state license is recognized under this subsection may practice as a registered interior designer without obtaining a registration.
(3) Prior to practicing as a registered interior designer under this subsection, the Applicant must submit the following information to the Board to demonstrate eligibility for recognition of an out-of-state license:
(A) a copy of the member's military orders showing relocation to this state;
(B) if the Applicant is a military spouse, a copy of the military spouse's marriage license; and
(C) a notarized affidavit affirming under penalty of perjury that:
(i) the Applicant is the person described and identified in the application;
(ii) all statements in the application are true, correct, and complete;
(iii) the Applicant understands the scope of practice for a registered interior designer in this state and will not perform outside of that scope of practice; and
(iv) the Applicant is in Good Standing in each state in which the Applicant holds or has held a license.
(4) Not later than 10 business days after a military service member or military spouse files an application for registration under this subsection, the Board shall:
(A) Notify the Applicant of the Board's determination that:
(i) the Board recognizes the Applicant's out-of-state license;
(ii) the application is incomplete; or
(iii) the Board is unable to recognize the Applicant's out-of-state license because the Board does not issue a registration similar in scope of practice to the Applicant's license; or
(B) Issue a provisional registration to the Applicant pending the issuance of a determination under subparagraph (A) of this paragraph.
(5) A provisional registration issued under this subsection expires on the earlier of:
(A) the date the Board issues a determination under paragraph (4)(A) of this subsection; or
(B) the 180th day after the date the provisional registration is issued.
(6) An Applicant under this subsection shall comply with all other laws and regulations applicable to the practice of registered interior design in this state.
(7) A military service member or military spouse may practice as a registered interior designer under the authority of this subsection only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.
(8) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to practice as a registered interior designer under the authority of this subsection until the third anniversary of the date the spouse submitted the application required under paragraph (3) of this subsection.
[(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse.]
[(1) An individual who is a military service member or military spouse may qualify for a temporary Interior Design registration if the individual:]
[(A) holds a current interior design license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for Interior Design registration in this state;]
[(B) notifies the Board in writing of the individual's intent to practice Interior Design in this state;]
[(C) submits to the Board required information to demonstrate eligibility for temporary Interior Design registration; and]
[(D) receives a verification letter from the Board that:]
[(i) the Board has verified the individual's license or registration in the other jurisdiction; and]
[(ii) the individual is issued a temporary Interior Design registration.]
[(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for an Interior Design registration in Texas:]
[(A) whether the other jurisdiction requires an applicant to pass the Council for Interior Design Qualification (CIDQ) examination;]
[(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and]
[(C) any education credentials required by the jurisdiction to obtain the license or registration.]
[(3) The individual must submit the following information to the Board to demonstrate eligibility for temporary Interior Design registration:]
[(A) a written request for the Board to review the individual's eligibility for temporary Interior Design registration;]
[(B) sufficient documentation to verify that the individual is currently licensed or registered in good standing in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;]
[(C) proof of residency in this state;]
[(D) a copy of the individual's military identification card; and]
[(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.]
[(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.]
[(5) A temporary Interior Design registration issued under this subsection expires three years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is no longer stationed at a military installation in Texas, whichever occurs first. The registration may not be renewed.]
[(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.]
[(7) Except as provided under this subsection, an individual who receives a temporary Interior Design registration under this subsection is subject to and shall comply with all applicable laws, rules, and standards governing the practice of Interior Design in this state.]
[(8) A temporary Interior Design registration issued under this subsection may be revoked if the individual:]
[(A) fails to comply with paragraph (7) of this subsection; or]
[(B) the individual's license or registration required under paragraph (1)(A) of this subsection expires or is suspended or revoked.]
[(9) The Board shall not charge a fee for the issuance of a temporary Interior Design registration under this subsection.]
(d) The Board will review and evaluate the following criteria when determining whether another state's scope of practice of a licensed interior designer is similar to the scope of practice of a registered interior designer in Texas:
(1) Whether the statutory definition of the practice of interior design includes the core functions recognized in Texas;
(2) Whether licensed interior designers are responsible for public health, safety, and welfare in a manner comparable to Texas;
(3) Whether the other state restricts the practice of interior design to licensed interior designers;
(4) The similarity of exemptions from licensure;
(5) The similarity of requirements for responsible charge or responsible control, including duties related to supervision, document preparation, and sealing construction documents for regulatory approval, permitting, or construction;
(6) Whether licensed interior designers have comparable responsibilities for building code compliance, accessibility, life-safety considerations, and related regulatory obligations;
(7) The extent to which the division of responsibilities between licensed interior designers and other licensed professions, such as architects and engineers, aligns with Texas practice;
(8) Whether rules, interpretations, or guidance issued by the other state's licensing board result in a functional scope of practice comparable to Texas; and
(9) The similarity of enforcement mechanisms, disciplinary authority, and standards of professional responsibility that define and limit the scope of practice.
(e) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
(f) The Board shall not charge an application or examination fee paid to the Board for any Applicant who is a military service member, military veteran, or military spouse.
(g) A military service member is exempt from any increased fee or other penalty for failing to renew a registration in a timely manner if the individual establishes to the satisfaction of the Board that the failure was due to the individual serving as a military service member.
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 January 2, 2026.
TRD-202600004
Pim S. Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 15, 2026
For further information, please call: (512) 305-9040