82R21036 SLB-F
By: Hardcastle H.B. No. 2284
A BILL TO BE ENTITLED
AN ACT
relating to the practice of architecture and engineering.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.003, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) The practice of engineering does not include the
practice of architecture defined by Sections 1051.001(7)(A), (B),
and (C) as that definition existed on April 1, 2011, except for the
preparation of plans and specifications that an engineer is
authorized to prepare under the rules of the Texas Board of
Architectural Examiners in effect on April 1, 2011.
SECTION 2. Subchapter J, Chapter 1001, Occupations Code, is
amended by adding Section 1001.4524 to read as follows:
Sec. 1001.4524. PROHIBITED PRACTICES. Except for the
actions described by Sections 1051.001(7)(D) through (H) and the
preparation of plans and specifications that an engineer is
authorized to prepare under the rules of the Texas Board of
Architectural Examiners in effect on April 1, 2011, an engineer may
not perform, offer to perform, or attempt to perform an
architectural service, design, or analysis in connection with a
building for human use or occupancy unless:
(1) the building is described by Section
1051.606(a)(4); or
(2) the engineer is authorized to practice
architecture by the Texas Board of Architectural Examiners.
SECTION 3. Subchapter F, Chapter 1051, Occupations Code, is
amended by adding Section 1051.308 to read as follows:
Sec. 1051.308. INTERN DEVELOPMENT PROGRAM. The board shall
allow an engineer enrolled in an accredited architectural
professional degree program in this state to enroll concurrently in
the intern development program required by board rules before an
applicant may take the examination under this chapter.
SECTION 4. Subchapter L, Chapter 1051, Occupations Code, is
amended by adding Section 1051.607 to read as follows:
Sec. 1051.607. LIST OF ENGINEERS PERMITTED TO ENGAGE IN
PRACTICE OF ARCHITECTURE. (a) The board shall maintain a list of
engineers licensed under Chapter 1001 who are authorized to engage
in the practice of architecture based on an administrative finding
of experience under this section. The board shall post the list on
the board's Internet website.
(b) An engineer may not engage or offer to engage in the
practice of architecture unless:
(1) the engineer is listed under Subsection (a); and
(2) the engineer is in good standing with the Texas
Board of Professional Engineers.
(c) The board shall list each engineer who:
(1) applies for placement on the list not later than
September 1, 2012;
(2) was licensed to practice engineering under Chapter
1001 before January 1, 2011; and
(3) provides to the board documentation of at least
three projects described by Section 1051.703(a)(2) that were:
(A) prepared by the engineer; and
(B) adequately and safely built before January 1,
2011.
(d) Documentation that is sufficient to satisfy the
requirement of Subsection (c)(3) includes plans, specifications,
photographs, and other records establishing that the architectural
design work was performed by the engineer. The documentation is
subject to verification by the board.
(e) The board shall issue written confirmation to each
engineer listed under this section that, notwithstanding the
requirements of Section 1051.701, the engineer may lawfully engage
and offer to engage in the practice of architecture without a
license under this chapter.
(f) If the board declines to list an engineer who applies
under this section, the engineer may appeal the decision to an
arbitration panel composed of:
(1) two architects selected by the board;
(2) two engineers selected by the Texas Board of
Professional Engineers; and
(3) an attorney licensed in this state with
substantial experience in construction law, selected by the
arbitrators selected in Subdivisions (1) and (2).
(g) A judge of a district court in Travis County selected by
the two boards under Subsection (f) shall select the arbitrator
described by Subsection (f)(3) if the arbitrators selected under
Subsections (f)(1) and (2) do not select the arbitrator described
by Subsection (f)(3) before the 11th day after the date the last
arbitrator is selected under Subsections (f)(1) and (2).
(h) The board and the Texas Board of Professional Engineers
shall pay equally the costs of the arbitration.
(i) The decision of a majority of the arbitrators is binding
on the engineer requesting arbitration.
(j) The Texas Board of Professional Engineers has exclusive
regulatory oversight over an engineer listed under Subsection (a).
SECTION 5. Section 1051.703(b), Occupations Code, is
amended to read as follows:
(b) This section does not prohibit an owner of a building
from contracting with [choosing] an architect or engineer as the
prime design professional for a building construction, alteration,
or addition project. Designation as the prime design professional
does not expand the scope of practice of an architect or engineer
beyond the scope of practice that the architect or engineer is
authorized to practice under Chapter 1001 or 1051.
SECTION 6. Sections 1001.216 and 1051.212, Occupations
Code, are repealed.
SECTION 7. This Act takes effect September 1, 2011.