H.B. No. 1573
AN ACT
relating to the definition of the practice of architecture and to
certificates of merit for design professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1051.001(7), Occupations Code, is
amended to read as follows:
(7) "Practice of architecture" means a service or
creative work applying [that involves the application of] the art
and science of developing design concepts, planning for functional
relationships and intended uses, and establishing the form,
appearance, aesthetics, and construction details for the
construction, enlargement, or alteration of a building or environs
intended for human use or occupancy, the proper application of
which requires education, training, and experience in those
matters. The term includes:
(A) establishing and documenting the form,
aesthetics, materials, and construction technology for a building,
group of buildings, or environs intended to be constructed or
altered;
(B) preparing, or supervising and controlling
the preparation of, the architectural plans and specifications that
include all integrated building systems and construction details,
unless otherwise permitted under Section 1051.606(a)(4);
(C) observing the construction, modification, or
alteration of work to evaluate conformance with architectural plans
and specifications described in Paragraph (B) for any building,
group of buildings, or environs requiring an architect;
(D) programming for construction projects,
including identification of economic, legal, and natural
constraints and determination of the scope and spatial relationship
of functional elements;
(E) recommending and overseeing appropriate
construction project delivery systems;
(F) consulting, investigating, and analyzing the
design, form, aesthetics, materials, and construction technology
used for the construction, enlargement, or alteration of a building
or environs and providing expert opinion and testimony as
necessary;
(G) research to expand the knowledge base of the
profession of architecture, including publishing or presenting
findings in professional forums; and
(H) teaching, administering, and developing
pedagogical theory in academic settings offering architectural
education.
SECTION 2. Chapter 150, Civil Practice and Remedies Code,
is amended to read as follows:
CHAPTER 150. DESIGN PROFESSIONALS
Sec. 150.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Design[, "design] professional" means a licensed
[registered] architect, [or] licensed professional engineer, or
any firm in which such licensed professional practices, including
but not limited to a corporation, professional corporation, limited
liability corporation, partnership, limited liability partnership,
sole proprietorship, joint venture, or any other business entity.
(2) "Practice of architecture" has the meaning
assigned by Section 1051.001, Occupations Code.
Sec. 150.002. CERTIFICATE OF MERIT. (a) In any action or
arbitration proceeding for damages arising out of the provision of
professional services [alleging professional negligence] by a
design professional, the plaintiff shall be required to file with
the complaint an affidavit of a third-party licensed [registered]
architect or licensed professional engineer competent to testify,
holding the same professional license as, and practicing in the
same area of practice as the defendant, which affidavit shall set
forth specifically at least one negligent act, error, or omission
claimed to exist and the factual basis for each such claim. The
third-party professional engineer or licensed [registered]
architect shall be licensed in this state and actively engaged in
the practice of architecture or engineering.
(b) The contemporaneous filing requirement of Subsection
(a) shall not apply to any case in which the period of limitation
will expire within 10 days of the date of filing and, because of
such time constraints, the plaintiff has alleged that an affidavit
of a third-party licensed [registered] architect or professional
engineer could not be prepared. In such cases, the plaintiff shall
have 30 days after the filing of the complaint to supplement the
pleadings with the affidavit. The trial court may, on motion, after
hearing and for good cause, extend such time as it shall determine
justice requires.
(c) The defendant shall not be required to file an answer to
the complaint and affidavit until 30 days after the filing of such
affidavit.
(d) The plaintiff's failure to file the affidavit in
accordance with Subsection (a) or (b) shall [may] result in
dismissal [with prejudice] of the complaint against the defendant.
This dismissal may be with prejudice.
(e) An order granting or denying a motion for dismissal is
immediately appealable as an interlocutory order.
(f) This statute shall not be construed to extend any
applicable period of limitation or repose.
(g) This statute does not apply to any suit or action for the
payment of fees arising out of the provision of professional
services.
SECTION 3. Section 1051.701(a), Occupations Code, is
amended to read as follows:
(a) A person may not engage in the practice of architecture,
or offer or attempt to engage in the practice of architecture, as
defined in Section 1051.001(7)(A), (B), or (C) unless the person is
registered as an architect under this chapter.
SECTION 4. Section 2 of this Act applies only to a cause of
action that accrues on or after the effective date of this Act. An
action that accrued before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1573 was passed by the House on March
29, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1573 on May 18, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1573 was passed by the Senate, with
amendments, on May 17, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor