82R13970 T
By: Callegari H.B. No. 3167
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of occupational licensing requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. WEATHER MODIFICATION
SECTION 1.1. The following are repealed:
(1) Chapter 301, Agricultural Code.
(2) Chapter 302, Agriculture Code.
ARTICLE 2. INTERIOR DESIGNERS
SECTION 2.1. The heading to Chapter 1051, Occupations Code,
is amended to read as follows:
CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL
PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND
INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 2.2. Sections 1051.101(a) and (b), Occupations
Code, are amended to read as follows:
(a) The Texas Board of Architectural Examiners consists of
seven [nine] members appointed by the governor with the advice and
consent of the senate as follows:
(1) four architect members registered under this
chapter;
(2) [one interior designer member registered under
Chapter 1053;
[(3)] one landscape architect member registered under
Chapter 1052; and
(3) two [(4) three] members who represent the public,
at least one of whom is a person with a physical disability.
(b) Not more than one board member may be:
(1) a stockholder or owner of an interest in a school
or college that teaches architecture[, interior design,] or
landscape architecture; or
(2) a full-time member of the faculty or
administration of the architecture[, interior design,] or
landscape architecture department of a school or college whose
position is the primary employment of the board member.
SECTION 2.3. Section 1051.102, Occupations Code, is amended
to read as follows:
Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
not eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of architecture[,
interior design,] or landscape architecture;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
SECTION 2.4. Section 1051.103(b), Occupations Code, is
amended to read as follows:
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
architecture[, interior design,] or landscape architecture; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
architecture[, interior design,] or landscape architecture.
SECTION 2.5. Section 1051.104(a), Occupations Code, is
amended to read as follows:
(a) Board members serve staggered six-year terms. The terms
of two or three members expire on January 31 of each odd-numbered
year.
SECTION 2.6. Section 1051.201, Occupations Code, is amended
to read as follows:
Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The
powers granted and duties delegated to the board under this chapter
are in addition to the powers granted and duties delegated to the
board under Chapter [Chapters] 1052 [and 1053].
SECTION 2.7. Section 1051.202, Occupations Code, is amended
to read as follows:
Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board
shall adopt reasonable rules and bylaws and prescribe forms as
necessary to administer or enforce this subtitle, including rules
regulating the practices of architecture and [,] landscape
architecture[, and interior design].
SECTION 2.8. The heading to Article 2, Chapter 1051,
Occupations Code, is amended to read as follows:
ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]
LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]
SECTION 2.9. Section 1051.306, Occupations Code, is amended
to read as follows:
Sec. 1051.306. FIRM REGISTRATION. The board by rule may
require a firm, partnership, corporation, or association that
engages in the practice of architecture or [,] landscape
architecture[, or interior design] to register with the board under
this subtitle.
SECTION 2.10. Section 1051.354, Occupations Code, is
amended to read as follows:
Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A
person required to register under this subtitle who is on active
duty as a member of the United States military is exempt from the
payment of any fee during the person's term of service if the
person:
(1) is in good standing as an architect or [,]
landscape architect [, or interior designer] in this state; or
(2) was in good standing as an architect or [,]
landscape architect [, or interior designer] in this state at the
time the person entered into military service.
(b) A person who is exempt from payment of a fee under
Subsection (a):
(1) is exempt for the remainder of the fiscal year
during which the person's active duty status expires; and
(2) is entitled to have the person's name continued on
the list of architects or [,] landscape architects [, or interior
designers].
SECTION 2.11. Section 1051.355(e), Occupations Code, is
amended to read as follows:
(e) The additional amount of the renewal fee described by
Subsection (b)(2) does not apply to a person registered under
Chapter 1052 [or 1053].
SECTION 2.12. Section 1051.455(b), Occupations Code, is
amended to read as follows:
(b) A proceeding under this section relating to an architect
or [,] a landscape architect [, or an interior designer] is subject
to Chapter 2001, Government Code.
SECTION 2.13. Section 1051.504(a), Occupations Code, is
amended to read as follows:
(a) If it appears to the board that a person who is not
registered under this subtitle is violating or has violated this
subtitle, a rule adopted under this subtitle, or another state
statute or rule relating to the practice of architecture or [,]
landscape architecture [, or interior design], the board after
providing to the person notice and the opportunity for a hearing may
issue a cease and desist order prohibiting the conduct described in
the notice.
SECTION 2.14. The heading to Section 16.008, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 16.008. ARCHITECTS, ENGINEERS, [INTERIOR DESIGNERS,]
AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR
INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.
SECTION 2.15. Sections 16.008(a) and (c), Civil Practice
and Remedies Code, are amended to read as follows:
(a) A person must bring suit for damages for a claim listed
in Subsection (b) against a registered or licensed architect,
engineer, [interior designer,] or landscape architect in this
state, who designs, plans, or inspects the construction of an
improvement to real property or equipment attached to real
property, not later than 10 years after the substantial completion
of the improvement or the beginning of operation of the equipment in
an action arising out of a defective or unsafe condition of the real
property, the improvement, or the equipment.
(c) If the claimant presents a written claim for damages,
contribution, or indemnity to the architect, engineer, [interior
designer,] or landscape architect within the 10-year limitations
period, the period is extended for two years from the day the claim
is presented.
SECTION 2.16. Section 469.102(a), Government Code, is
amended to read as follows:
(a) The architect, [interior designer,] landscape
architect, or engineer who has overall responsibility for the
design of a constructed or reconstructed building or facility shall
submit the plans and specifications required under Section 469.101.
SECTION 2.17. Section 469.104, Government Code, is amended
to read as follows:
Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
The commission shall report to the Texas Board of Architectural
Examiners, the Texas Board of Professional Engineers, or another
appropriate licensing authority the failure of any architect,
[interior designer,] landscape architect, or engineer to submit or
resubmit in a timely manner plans and specifications to the
department as required by this subchapter.
SECTION 2.18. Section 1001.063, Occupations Code, is
amended to read as follows:
Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[,
AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this
chapter does not prevent or otherwise restrict a person licensed as
an architect under Chapter 1051 or [,] a landscape architect under
Chapter 1052[, or an interior designer under Chapter 1053] from
performing an act, service, or work that is within the definition of
the person's practice under those chapters.
SECTION 2.19. The following laws are repealed:
(1) Section 469.002(7), Government Code;
(2) Sections 1051.001(3) and (4), Occupations Code;
(3) Section 1051.604, Occupations Code; and
(4) Chapter 1053, Occupations Code.
SECTION 2.20. (a) The repeal by this Act of Chapter 1053,
Occupations Code, does not affect the validity of a proceeding
pending before a court or other governmental entity on the
effective date of this Act.
(b) An offense under or other violation of Chapter 1053,
Occupations Code, committed before the effective date of this Act
is governed by the law in effect when the offense or violation was
committed, and the former law is continued in effect for that
purpose. For purposes of this subsection, an offense or violation
was committed before the effective date of this Act if any element
of the offense or violation occurred before that date.
(c) On the effective date of this Act:
(1) the term of the interior designer member of the
Texas Board of Architectural Examiners expires; and
(2) the governor shall designate one public member of
the Texas Board of Architectural Examiners whose term shall expire.
ARTICLE 3. TALENT AGENCIES
SECTION 3.1. Chapter 2105, Occupations Code, is repealed.
SECTION 3.2. (a) An action, including a disciplinary or
administrative proceeding, pending under Chapter 51 or 2105,
Occupations Code, on the effective date of this Act related to a
violation of Chapter 2105, Occupations Code, as that chapter
existed immediately before the effective date of this Act, is
dismissed.
(b) An administrative penalty assessed by the Texas
Commission of Licensing and Regulation related to a violation of
Chapter 2105, Occupations Code, as that chapter existed immediately
before the effective date of this Act, may be collected as provided
by Chapter 51, Occupations Code.
(c) The changes in law made by this Act do not affect the
pending prosecution of an offense under Chapter 2105, Occupations
Code, as that chapter existed immediately before the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect at the time the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
was committed before that date.
(d) The Texas Department of Licensing and Regulation shall
return a prorated portion of the fee paid to the department for the
issuance or renewal of a registration under Chapter 2105,
Occupations Code, as that chapter existed immediately before the
effective date of this Act, that is valid on the effective date of
this Act to the person who paid the fee.
ARTICLE 4. PERSONNEL SERVICES
SECTION 4.1. Section 2501.202, Occupations Code, is amended
to read as follows:
Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff
in an action filed under Section 2501.201 may obtain:
(1) an order enjoining the defendant from violating
this chapter;
(2) any order necessary to restore to the plaintiff
any property acquired by the defendant in violation of this
chapter; or
(3) other relief the court considers proper,
including:
(A) the appointment of a receiver if the judgment
against the defendant is not satisfied within three months after
the date of the final judgment; or
(B) [the revocation of a certificate authorizing
the defendant to engage in business in this state; or
[(C)] an order enjoining the defendant from
acting as a personnel service.
SECTION 4.2. The following provisions of the Occupations
Code are repealed:
(1) Sections 2501.001(2), (3-a), and (4-a);
(2) Section 2501.201(c);
(3) Section 2501.253; and
(4) Subchapters B and D, Chapter 2501.
SECTION 4.3. The changes in law made by this Act apply only
to an action alleging a violation of Section 2501.201, Occupations
Code, filed on or after the effective date of this Act. An action
filed before the effective date of this Act is governed by the law
in effect when the action was filed, and the former law is continued
in effect for that purpose.
ARTICLE 5. EFFECTIVE DATE
SECTION 6.1. This Act takes effect September 1, 2011.