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AN ACT
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relating to the practice of architecture and engineering. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1001, Occupations Code, is |
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amended by adding Section 1001.0031 to read as follows: |
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Sec. 1001.0031. PRACTICES OF ENGINEERING AND ARCHITECTURE. |
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(a) Except as provided by Subsection (d) or (e), the practice of |
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engineering does not include, and engineers may not engage in or |
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offer to engage in, the practice of architecture as defined by |
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Sections 1051.001(7)(A), (B), and (C), as that definition existed |
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on April 1, 2011, and by Section 1051.0016(a). |
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(b) An engineer may not prepare or provide a complete, |
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comprehensive set of building plans for a building designed for |
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human use or occupancy unless: |
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(1) the plans and specifications as described by |
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Section 1051.001(7)(A) or (B) are prepared by, or under the |
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supervision of, an architect; |
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(2) the building is part of a project described by |
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Section 1051.601(b) or a building described by Section |
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1051.606(a)(4); or |
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(3) the engineer has received administrative approval |
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by the Texas Board of Architectural Examiners to practice |
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architecture under Section 1051.607. |
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(c) An engineer is responsible for the engineering plans and |
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specifications of a building unless the work is exempt under |
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Section 1001.053 or 1001.056. In this section, the term |
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"engineering plans and specifications" means: |
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(1) plans for a structural, mechanical, electrical, |
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electronic, fire suppression, or geotechnical system in a building; |
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(2) specifications of structural elements and |
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connections of a building; |
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(3) foundation design; |
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(4) hydrologic management calculations and design of |
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surface water control and detention necessary for compliance with |
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ordinances and regulations; |
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(5) design of building drain and waste system |
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plumbing, fresh water plumbing, graywater systems, and mechanical |
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aspects of moving water in and out of a structure, other than simple |
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roof drainage; |
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(6) evaluation of structural framing members before |
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the addition of roof-mounted equipment or a heavier roof covering; |
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(7) design of changes in roof pitch by the addition of |
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structural framing members; |
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(8) evaluation and repair of damaged roof structural |
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framing; |
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(9) design of electrical and signal and control |
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systems; |
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(10) shop drawings by manufacturers or fabricators of |
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materials and products to be used in the building features designed |
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by the engineer; and |
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(11) specifications listing the nature and quality of |
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materials and products for construction of features of the building |
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elements or systems designed by an engineer. |
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(d) The preparation of engineering plans and specifications |
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for the following tasks is within the scope of practice of both |
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engineering and architecture: |
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(1) site plans depicting the location and orientation |
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of a building on the site based on: |
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(A) a determination of the relationship of the |
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intended use with the environment, topography, vegetation, |
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climate, and geographic aspects; and |
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(B) the legal aspects of site development, |
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including setback requirements, zoning and other legal |
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restrictions, and surface drainage; |
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(2) the depiction of the building systems, including |
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structural, mechanical, electrical, and plumbing systems, in: |
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(A) plan views; |
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(B) cross-sections depicting building components |
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from a hypothetical cut line through a building; and |
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(C) the design of details of components and |
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assemblies, including any part of a building exposed to water |
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infiltration or fire-spread considerations; |
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(3) life safety plans and sheets, including |
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accessibility ramps and related code analyses; and |
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(4) roof plans and details depicting the design of |
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roof system materials, components, drainage, slopes, and |
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directions and location of roof accessories and equipment not |
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involving structural engineering calculations. |
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(e) The following activities may be performed by either an |
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engineer or an architect: |
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(1) programming for construction projects, including: |
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(A) identification of economic, legal, and |
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natural constraints; and |
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(B) determination of the scope of functional |
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elements; |
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(2) recommending and overseeing appropriate |
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construction project delivery systems; |
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(3) consulting with regard to, investigating, and |
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analyzing the design, form, materials, and construction technology |
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used for the construction, enlargement, or alteration of a building |
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or its environment; and |
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(4) providing expert opinion and testimony with |
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respect to issues within the responsibility of the engineer or |
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architect. |
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SECTION 2. Subchapter A, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.0016 to read as follows: |
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Sec. 1051.0016. PRACTICES OF ARCHITECTURE AND ENGINEERING. |
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(a) In this chapter, "architectural plans and specifications" |
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include: |
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(1) floor plans and details: |
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(A) depicting the design of: |
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(i) internal and external walls and floors, |
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including simple foundations; |
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(ii) internal spaces of a building; and |
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(iii) vertical circulation systems, |
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including accessibility ramps, stair systems, elevators, and |
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escalators; and |
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(B) implementing programming, regulatory, and |
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accessibility requirements for a building; |
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(2) general cross-sections and detailed wall sections |
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depicting building components from a hypothetical cut line through |
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a building to include the building's mechanical, electrical, |
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plumbing, or structural systems; |
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(3) reflected ceiling plans and details depicting: |
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(A) the design of the location, materials, and |
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connections of the ceiling to the structure; and |
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(B) the integration of the ceiling with |
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electrical, mechanical, lighting, sprinkler, and other building |
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systems; |
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(4) finish plans or schedules depicting surface |
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materials on the interior and exterior of the building; |
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(5) interior and exterior elevations depicting the |
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design of materials, locations, and relationships of components and |
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surfaces; |
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(6) partition, door, window, lighting, hardware, and |
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fixture schedules; |
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(7) manufacturer or fabricator drawings that are |
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integrated into the construction documents; and |
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(8) specifications describing the nature, quality, |
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and execution of materials for construction of the elements of the |
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building depicted in the plans prepared by the architect. |
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(b) The preparation of architectural plans and |
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specifications for the following tasks is within the scope of |
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practice of both engineering and architecture: |
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(1) site plans depicting the location and orientation |
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of a building on the site based on: |
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(A) a determination of the relationship of the |
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intended use with the environment, topography, vegetation, |
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climate, and geographic aspects; and |
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(B) the legal aspects of site development, |
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including setback requirements, zoning and other legal |
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restrictions, and surface drainage; |
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(2) the depiction of the building systems, including |
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structural, mechanical, electrical, and plumbing systems, in: |
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(A) plan views; |
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(B) cross-sections depicting building components |
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from a hypothetical cut line through a building; and |
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(C) the design of details of components and |
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assemblies, including any part of a building exposed to water |
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infiltration or fire-spread considerations; |
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(3) life safety plans and sheets, including |
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accessibility ramps and related code analyses; and |
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(4) roof plans and details depicting the design of |
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roof system materials, components, drainage, slopes, and |
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directions and location of roof accessories and equipment not |
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involving structural engineering calculations. |
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(c) The following activities may be performed by either an |
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engineer or an architect: |
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(1) programming for construction projects, including: |
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(A) identification of economic, legal, and |
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natural constraints; and |
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(B) determination of the scope of functional |
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elements; |
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(2) recommending and overseeing appropriate |
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construction project delivery systems; |
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(3) consulting with regard to, investigating, and |
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analyzing the design, form, materials, and construction technology |
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used for the construction, enlargement, or alteration of a building |
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or its environment; and |
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(4) providing expert opinion and testimony with |
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respect to issues within the responsibility of the engineer or |
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architect. |
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SECTION 3. Subchapter F, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.308 to read as follows: |
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Sec. 1051.308. INTERN DEVELOPMENT PROGRAM. The board shall |
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allow a graduate student engineer enrolled in an accredited |
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architectural professional degree program in this state to enroll |
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concurrently in the intern development program required by board |
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rules before an applicant may take the examination under this |
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chapter. |
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SECTION 4. Subchapter L, Chapter 1051, Occupations Code, is |
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amended by adding Section 1051.607 to read as follows: |
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Sec. 1051.607. LIST OF ENGINEERS PERMITTED TO ENGAGE IN |
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PRACTICE OF ARCHITECTURE. (a) The board shall maintain a list of |
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engineers licensed under Chapter 1001 who are authorized to engage |
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in the practice of architecture based on an administrative finding |
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of experience under this section. The board shall post the list on |
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the board's Internet website. |
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(b) An engineer may not engage or offer to engage in the |
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practice of architecture unless: |
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(1) the engineer is listed under Subsection (a); and |
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(2) the engineer is in good standing with the Texas |
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Board of Professional Engineers. |
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(c) The board shall list each engineer who: |
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(1) applies for placement on the list not later than |
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January 1, 2012; |
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(2) was licensed to practice engineering under Chapter |
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1001 before January 1, 2011; and |
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(3) provides to the board documentation of at least |
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three projects that: |
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(A) were prepared by the engineer; |
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(B) were adequately and safely built before |
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January 1, 2011; and |
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(C) are described by Section 1051.703(a) or were |
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not exempt under Section 1051.606(a)(4). |
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(d) Documentation that is sufficient to satisfy the |
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requirement of Subsection (c)(3) includes plans, specifications, |
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photographs, and other records establishing that the architectural |
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design work was performed by the engineer. The documentation is |
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subject to verification by the board. The board shall complete the |
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verification not later than the 120th day after the date the board |
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receives the documentation. |
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(e) The board shall issue written confirmation to each |
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engineer listed under this section that, notwithstanding the |
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requirements of Section 1051.701, the engineer may lawfully engage |
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and offer to engage in the practice of architecture without a |
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license under this chapter. |
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(f) If the board declines to list an engineer who applies |
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under this section, the engineer may request a contested case |
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hearing to be conducted under Chapter 2001, Government Code. The |
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motion for rehearing required by Chapter 2001, Government Code, |
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shall be filed with the State Office of Administrative Hearings. |
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The decision of the administrative law judge in the contested case |
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is final and may be appealed in a Travis County district court. |
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(g) The board and the Texas Board of Professional Engineers |
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shall pay equally the costs of a contested case. |
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(h) The Texas Board of Professional Engineers has exclusive |
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regulatory oversight over an engineer listed under Subsection (a). |
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SECTION 5. Section 1051.703(b), Occupations Code, is |
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amended to read as follows: |
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(b) This section does not prohibit an owner of a building |
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from contracting with [choosing] an architect or engineer as the |
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prime design professional for a building construction, alteration, |
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or addition project. Designation as the prime design professional |
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does not expand the scope of practice of an architect or engineer |
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beyond the scope of practice that the architect or engineer is |
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authorized to practice under Chapter 1001 or 1051. |
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SECTION 6. (a) The Texas Board of Professional Engineers |
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and the Texas Board of Architectural Examiners shall establish a |
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joint task force of members of each board and license and |
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registration holders regulated by each board to make |
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recommendations to the boards regarding whether certain activities |
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should be within the scope of practice of architecture or |
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engineering, or both. |
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(b) This section expires August 31, 2013. |
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SECTION 7. An engineer who applies for listing under |
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Section 1051.607, Occupations Code, as added by this Act, may |
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continue to practice under the law as it existed immediately before |
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the effective date of this Act until the date the application is |
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finally approved or denied, or if appealed after denial, a final |
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decision is entered by an administrative law judge, and the former |
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law is continued in effect for that purpose. |
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SECTION 8. Sections 1001.216 and 1051.212, Occupations |
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Code, are repealed. |
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SECTION 9. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2284 was passed by the House on May 5, |
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2011, by the following vote: Yeas 144, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2284 on May 25, 2011, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2284 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |