By: Hardcastle (Senate Sponsor - Deuell) H.B. No. 2284
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Business
and Commerce; May 21, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 21, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2284 By: Estes
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. Subchapter A, Chapter 1001, Occupations Code, is
amended by adding Section 1001.0031 to read as follows:
Sec. 1001.0031. PRACTICES OF ENGINEERING AND ARCHITECTURE.
(a) Except as provided by Subsection (d) or (e), the practice of
engineering does not include, and engineers may not engage in or
offer to engage in, the practice of architecture as defined by
Sections 1051.001(7)(A), (B), and (C), as that definition existed
on April 1, 2011, and by Section 1051.0016(a).
(b) An engineer may not prepare or provide a complete,
comprehensive set of building plans for a building designed for
human use or occupancy unless:
(1) the plans and specifications as described by
Section 1051.001(7)(A) or (B) are prepared by, or under the
supervision of, an architect;
(2) the building is part of a project described by
Section 1051.601(b) or a building described by Section
1051.606(a)(4); or
(3) the engineer has received administrative approval
by the Texas Board of Architectural Examiners to practice
architecture under Section 1051.607.
(c) An engineer is responsible for the engineering plans and
specifications of a building unless the work is exempt under
Section 1001.053 or 1001.056. In this section, the term
"engineering plans and specifications" means:
(1) plans for a structural, mechanical, electrical,
electronic, fire suppression, or geotechnical system in a building;
(2) specifications of structural elements and
connections of a building;
(3) foundation design;
(4) hydrologic management calculations and design of
surface water control and detention necessary for compliance with
ordinances and regulations;
(5) design of building drain and waste system
plumbing, fresh water plumbing, graywater systems, and mechanical
aspects of moving water in and out of a structure, other than simple
roof drainage;
(6) evaluation of structural framing members before
the addition of roof-mounted equipment or a heavier roof covering;
(7) design of changes in roof pitch by the addition of
structural framing members;
(8) evaluation and repair of damaged roof structural
framing;
(9) design of electrical and signal and control
systems;
(10) shop drawings by manufacturers or fabricators of
materials and products to be used in the building features designed
by the engineer; and
(11) specifications listing the nature and quality of
materials and products for construction of features of the building
elements or systems designed by an engineer.
(d) The preparation of engineering plans and specifications
for the following tasks is within the scope of practice of both
engineering and architecture:
(1) site plans depicting the location and orientation
of a building on the site based on:
(A) a determination of the relationship of the
intended use with the environment, topography, vegetation,
climate, and geographic aspects; and
(B) the legal aspects of site development,
including setback requirements, zoning and other legal
restrictions, and surface drainage;
(2) the depiction of the building systems, including
structural, mechanical, electrical, and plumbing systems, in:
(A) plan views;
(B) cross-sections depicting building components
from a hypothetical cut line through a building; and
(C) the design of details of components and
assemblies, including any part of a building exposed to water
infiltration or fire-spread considerations;
(3) life safety plans and sheets, including
accessibility ramps and related code analyses; and
(4) roof plans and details depicting the design of
roof system materials, components, drainage, slopes, and
directions and location of roof accessories and equipment not
involving structural engineering calculations.
(e) The following activities may be performed by either an
engineer or an architect:
(1) programming for construction projects, including:
(A) identification of economic, legal, and
natural constraints; and
(B) determination of the scope of functional
elements;
(2) recommending and overseeing appropriate
construction project delivery systems;
(3) consulting with regard to, investigating, and
analyzing the design, form, materials, and construction technology
used for the construction, enlargement, or alteration of a building
or its environment; and
(4) providing expert opinion and testimony with
respect to issues within the responsibility of the engineer or
architect.
SECTION 2. Subchapter A, Chapter 1051, Occupations Code, is
amended by adding Section 1051.0016 to read as follows:
Sec. 1051.0016. PRACTICES OF ARCHITECTURE AND ENGINEERING.
(a) In this chapter, "architectural plans and specifications"
include:
(1) floor plans and details:
(A) depicting the design of:
(i) internal and external walls and floors,
including simple foundations;
(ii) internal spaces of a building; and
(iii) vertical circulation systems,
including accessibility ramps, stair systems, elevators, and
escalators; and
(B) implementing programming, regulatory, and
accessibility requirements for a building;
(2) general cross-sections and detailed wall sections
depicting building components from a hypothetical cut line through
a building to include the building's mechanical, electrical,
plumbing, or structural systems;
(3) reflected ceiling plans and details depicting:
(A) the design of the location, materials, and
connections of the ceiling to the structure; and
(B) the integration of the ceiling with
electrical, mechanical, lighting, sprinkler, and other building
systems;
(4) finish plans or schedules depicting surface
materials on the interior and exterior of the building;
(5) interior and exterior elevations depicting the
design of materials, locations, and relationships of components and
surfaces;
(6) partition, door, window, lighting, hardware, and
fixture schedules;
(7) manufacturer or fabricator drawings that are
integrated into the construction documents; and
(8) specifications describing the nature, quality,
and execution of materials for construction of the elements of the
building depicted in the plans prepared by the architect.
(b) The preparation of architectural plans and
specifications for the following tasks is within the scope of
practice of both engineering and architecture:
(1) site plans depicting the location and orientation
of a building on the site based on:
(A) a determination of the relationship of the
intended use with the environment, topography, vegetation,
climate, and geographic aspects; and
(B) the legal aspects of site development,
including setback requirements, zoning and other legal
restrictions, and surface drainage;
(2) the depiction of the building systems, including
structural, mechanical, electrical, and plumbing systems, in:
(A) plan views;
(B) cross-sections depicting building components
from a hypothetical cut line through a building; and
(C) the design of details of components and
assemblies, including any part of a building exposed to water
infiltration or fire-spread considerations;
(3) life safety plans and sheets, including
accessibility ramps and related code analyses; and
(4) roof plans and details depicting the design of
roof system materials, components, drainage, slopes, and
directions and location of roof accessories and equipment not
involving structural engineering calculations.
(c) The following activities may be performed by either an
engineer or an architect:
(1) programming for construction projects, including:
(A) identification of economic, legal, and
natural constraints; and
(B) determination of the scope of functional
elements;
(2) recommending and overseeing appropriate
construction project delivery systems;
(3) consulting with regard to, investigating, and
analyzing the design, form, materials, and construction technology
used for the construction, enlargement, or alteration of a building
or its environment; and
(4) providing expert opinion and testimony with
respect to issues within the responsibility of the engineer or
architect.
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 a graduate student 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
April 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 that:
(A) were prepared by the engineer;
(B) were adequately and safely built before
January 1, 2011; and
(C) are described by Section 1051.703(a) or were
not exempt under Section 1051.606(a)(4).
(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. The board shall complete the
verification not later than the 120th day after the date the board
receives the documentation.
(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 request a contested case
hearing to be conducted under Chapter 2001, Government Code. The
motion for rehearing required by Chapter 2001, Government Code,
shall be filed with the State Office of Administrative Hearings.
The decision of the administrative law judge in the contested case
is final and may be appealed in a Travis County district court.
(g) The board and the Texas Board of Professional Engineers
shall pay equally the costs of a contested case.
(h) 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. (a) The Texas Board of Professional Engineers
and the Texas Board of Architectural Examiners shall establish a
joint task force of members of each board and license and
registration holders regulated by each board to make
recommendations to the boards regarding whether certain activities
should be within the scope of practice of architecture or
engineering, or both.
(b) This section expires August 31, 2013.
SECTION 7. An engineer who applies for listing under
Section 1051.607, Occupations Code, as added by this Act, may
continue to practice under the law as it existed immediately before
the effective date of this Act until the date the application is
finally approved or denied, or if appealed after denial, a final
decision is entered by an administrative law judge, and the former
law is continued in effect for that purpose.
SECTION 8. Sections 1001.216 and 1051.212, Occupations
Code, are repealed.
SECTION 9. This Act takes effect September 1, 2011.
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