PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 1. ARCHITECTS
SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION
The Texas Board of Architectural Examiners (Board) proposes the amendment of 22 Texas Administrative Code §1.29, relating to the Registration of a Military Service Member, Military Veteran, or Military Spouse (architects).
Subject Material Statement
This proposed rulemaking action would implement Senate Bill 422 (88th Regular Session, 2023), which amends provisions in Texas Occupations Code Chapter 55, relating to the licensure of military service members, military veterans, and military spouses.
In 2019, the Texas Legislature passed Senate Bill 1200 (86th Regular Session), which created a process under Texas Occupations Code §55.0041 to allow certain military spouses licensed in other states to engage in a business or occupation without becoming licensed in Texas. Through Senate Bill 422, the legislature has extended this provision to apply to military service members as well. Under amended §55.0041(a), a military service member may engage in a business or occupation for which a license is required without obtaining the applicable license if the military service member is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to Texas requirements. A military service member seeking to practice under this provision is required to notify the licensing entity, submit proof of residency and military identification, and receive confirmation of qualification to practice from the state agency. See Tex. Occ. Code §55.0041(b). The law also authorizes state agencies to adopt rules to issue a temporary license to an individual who qualifies to practice their profession under §55.0041(a). In such a case, the agency cannot charge a fee for the issuance of the license.
Senate Bill 422 also amends the law to impose deadlines upon agencies in considering applications under Texas Occupations Code Chapter 55. Under these amendments, a licensing agency has no more than 30 days from the submission of required documentation to approve a qualifying military service member or military spouse seeking to practice under Tex. Occ. Code §55.0041. Additionally, an amendment to Tex. Occ. Code §55.005 requires a licensing agency to process and approve an application for licensure from a qualifying military service member, military veteran, or military spouse within 30 days.
Explanation of Action
The Board proposes to implement Senate Bill 422 by amending 22 Texas Administrative Code §1.29(b)(3) to implement a 30-day processing deadline for the consideration of an application submitted by a military service member, military veteran, or military spouse.
The Board proposes to implement Senate Bill 422 by amending §1.29(c). Previously, the Board adopted this rule to implement a temporary architectural registration procedure for qualifying military spouses pursuant to Tex. Occ. Code §55.0041. Because Senate Bill 422 expands §55.0041 to apply to qualifying military service members, the Board proposes to do the same for §1.29(c). The proposed rule would implement two additional Senate Bill 422 amendments to §55.0041 by requiring the Board to issue a temporary registration to a qualifying military service member or military spouse within 30 days, and by clarifying that a military spouse's temporary registration is not impacted by a divorce or similar event.
Finally, the Board proposes non-substantive amendments to §1.29(c)(7) and §1.29(c)(8)(B) to improve the clarity of the rule.
FISCAL NOTE
Lance Brenton, General Counsel, has determined that for the first five-year period the proposed rule is in effect, the amendments will have no significant fiscal impact upon state or local government or the Board. Any potential adverse fiscal impact would be based on a loss of revenue otherwise payable to the Board by qualifying military service members in the form of registration and renewal fees that would be waived under proposed §1.29(c). However, under 22 Texas Administrative Code §7.10(h), military service members are exempt from the payment of any fee to the Board during any period of active duty service. Because a "military service member" is by definition on active duty under Tex. Occ. Code §55.001(4) and 22 Texas Administrative Code §1.29(a)(3), the proposed rule will have no fiscal impact on state or local government or the Board.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rule would be in effect, no government program would be created or eliminated. Implementation of the proposed rule would not result in the creation or elimination of employee positions. Implementation of the proposed rule is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rule does not require an increase or decrease in fees paid to the agency. The proposed rule does not create a new regulation. Rather, the proposed rule amends an existing regulation. The proposed rule increases the number of individuals who can benefit from waivers under the rule, as Senate Bill 422 creates the option for temporary architectural registration for qualifying military service members and ensures the continued validity of a military spouse's temporary architectural registration in the event of a divorce or similar event. The proposed rule is not expected to positively or adversely affect the state's economy.
PUBLIC BENEFIT/COST OF COMPLIANCE
Mr. Brenton has determined that for the first five-year period the proposed rule is in effect, public benefits will be realized with no probable economic cost to persons required to comply with the rule.
Adoption of the proposed rule would benefit the public by ensuring consistency between the Board's rules and the legislature's mandate enacted in Senate Bill 422. Additionally, the state may realize a public benefit resulting from marginal increased economic activity by military service members who obtain a temporary architectural registration when they might otherwise not participate in the practice of architecture due to licensure barriers.
There is no anticipated economic cost to persons required to comply with the proposed rule, including military spouses and military service members, as qualifying individuals will benefit from the ability to obtain a temporary architectural registration without charge.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities resulting from adoption of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code §2006.002, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, Government Code §2001.0045 does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rules may be submitted to Lance Brenton, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §1.29 is proposed under Occupations Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of architecture. The amendment implements Occupations Code §55.0041, which requires the Board to adopt the proposed rule.
CROSS REFERENCE TO STATUTE
The proposed amendment does not affect any other statute.
§1.29.Registration of a Military Service Member, Military Veteran, or Military Spouse.
(a) (No change.)
(b) Architectural registration eligibility requirements for military service members, military veterans, and military spouses.
(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:
(A) Holds an active architectural registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or
(B) Held an active architectural registration in this state within the five years preceding the application.
(3) Not later than 30 days [As soon
as practicable] after a military service member, military veteran,
or military spouse files an application for registration, the Board
shall process the application, and if the applicant qualifies for
registration under this subsection, issue the registration.
(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.
(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse
[spouses].
(1) An individual who is a military service member
or[A] military spouse may qualify for a temporary
architectural registration if the individual[spouse]:
(A) holds a current architectural license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for architectural registration in this state;
(B) notifies the Board in writing of the individual's
[spouse's] intent to practice Architecture in this state;
(C) submits to the Board required information to demonstrate eligibility for temporary architectural registration; and
(D) receives a verification letter from the Board that:
(i) the Board has verified the individual's [spouse's] license or registration in the other jurisdiction; and
(ii) the individual [spouse]
is issued a temporary architectural registration.
(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for an architectural registration in Texas:
(A) whether the other jurisdiction requires an applicant to pass the Architect Registration Examination (ARE);
(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and
(C) any education credentials required by the jurisdiction to obtain the license or registration.
(3) The individual [military spouse]
must submit the following information to the Board to demonstrate
eligibility for temporary architectural registration:
(A) a written request for the Board to review the individual's
[military spouse's] eligibility for temporary architectural registration;
(B) sufficient documentation to verify that the individual
[military spouse] is currently licensed or registered
in good standing in another jurisdiction and has no restrictions,
pending enforcement actions, or unpaid fees or penalties relating
to the license or registration;
(C) proof of residency in this state;
(D) a copy of the individual's military
[spouse's ] identification card; and
(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.
(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.
(5) [(4)] A temporary architectural
registration issued under this subsection expires three years from
the date of issuance or when the military service member or,
with respect to a military spouse, the military service member to
whom the spouse is married is no longer stationed at a military
installation in Texas, whichever occurs first. The registration may
not be renewed.
(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.
(5) Except as provided under this [the] subsection, an individual [a
military spouse] who receives a temporary architectural registration
under this subsection is subject to and shall comply with all applicable
laws, rules, and standards governing the Practice of Architecture
in this state.
(6) A temporary architectural
registration issued under this subsection may be revoked if the individual
[military spouse]:
(A) fails to comply with paragraph (7) [(5)
] of this subsection; or
(B) the individual's [military spouse's]
license or registration required under paragraph (1)(A) [(1)(a)]) of this subsection expires or is suspended or revoked.
(7)
The Board shall not charge
a fee for the issuance of a temporary architectural registration under
this subsection.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 21, 2023.
TRD-202304951
Lance Brenton
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 11, 2024
For further information, please call: (512) 305-8519
SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION
The Texas Board of Architectural Examiners (Board) proposes the amendment of 22 Texas Administrative Code §3.29, relating to the Registration of a Military Service Member, Military Veteran, or Military Spouse (landscape architects).
Subject Material Statement
This proposed rulemaking action would implement Senate Bill 422 (88th Regular Session, 2023), which amends provisions in Texas Occupations Code Chapter 55, relating to the licensure of military service members, military veterans, and military spouses.
In 2019, the Texas Legislature passed Senate Bill 1200 (86th Regular Session), which created a process under Texas Occupations Code §55.0041 to allow certain military spouses licensed in other states to engage in a business or occupation without becoming licensed in Texas. Through Senate Bill 422, the legislature has extended this provision to apply to military service members as well. Under amended §55.0041(a), a military service member may engage in a business or occupation for which a license is required without obtaining the applicable license if the military service member is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to Texas requirements. A military service member seeking to practice under this provision is required to notify the licensing entity, submit proof of residency and military identification, and receive confirmation of qualification to practice from the state agency. See Tex. Occ. Code §55.0041(b). The law also authorizes state agencies to adopt rules to issue a temporary license to an individual who qualifies to practice their profession under §55.0041(a). In such a case, the agency cannot charge a fee for the issuance of the license.
Senate Bill 422 also amends the law to impose deadlines upon agencies in considering applications under Texas Occupations Code Chapter 55. Under these amendments, a licensing agency has no more than 30 days from the submission of required documentation to approve a qualifying military service member or military spouse seeking to practice under Tex. Occ. Code §55.0041. Additionally, an amendment to Tex. Occ. Code §55.005 requires a licensing agency to process and approve an application for licensure from a qualifying military service member, military veteran, or military spouse within 30 days.
Explanation of Action
The Board proposes to implement Senate Bill 422 by amending 22 Texas Administrative Code §3.29(b)(3) to implement a 30-day processing deadline for the consideration of an application submitted by a military service member, military veteran, or military spouse.
The Board proposes to implement Senate Bill 422 by amending §3.29(c). Previously, the Board adopted this rule to implement a temporary landscape architectural registration procedure for qualifying military spouses pursuant to Tex. Occ. Code §55.0041. Because Senate Bill 422 expands §55.0041 to apply to qualifying military service members, the Board proposes to do the same for §3.29(c). The proposed rule would implement two additional Senate Bill 422 amendments to §55.0041 by requiring the Board to issue a temporary registration to a qualifying military service member or military spouse within 30 days, and by clarifying that a military spouse's temporary registration is not impacted by a divorce or similar event.
Finally, the Board proposes non-substantive amendments to §§3.29(b)(2)(A), 3.29(c)(7) and 3.29(c)(8)(B) to improve the clarity of the rule.
FISCAL NOTE
Lance Brenton, General Counsel, has determined that for the first five-year period the proposed rule is in effect, the amendments will have no significant fiscal impact upon state or local government or the Board. Any potential adverse fiscal impact would be based on a loss of revenue otherwise payable to the Board by qualifying military service members in the form of registration and renewal fees that would be waived under proposed §3.29(c). However, under 22 Texas Administrative Code §7.10(h), military service members are exempt from the payment of any fee to the Board during any period of active duty service. Because a "military service member" is by definition on active duty under Tex. Occ. Code §55.001(4) and 22 Texas Administrative Code §3.29(a)(3), the proposed rule will have no fiscal impact on state or local government or the Board.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rule would be in effect, no government program would be created or eliminated. Implementation of the proposed rule would not result in the creation or elimination of employee positions. Implementation of the proposed rule is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rule does not require an increase or decrease in fees paid to the agency. The proposed rule does not create a new regulation. Rather, the proposed rule amends an existing regulation. The proposed rule increases the number of individuals who can benefit from waivers under the rule, as Senate Bill 422 creates the option for temporary landscape architectural registration for qualifying military service members and ensures the continued validity of a military spouse's temporary landscape architectural registration in the event of a divorce or similar event. The proposed rule is not expected to positively or adversely affect the state's economy.
PUBLIC BENEFIT/COST OF COMPLIANCE
Mr. Brenton has determined that for the first five-year period the proposed rule is in effect, public benefits will be realized with no probable economic cost to persons required to comply with the rule.
Adoption of the proposed rule would benefit the public by ensuring consistency between the Board's rules and the legislature's mandate enacted in Senate Bill 422. Additionally, the state may realize a public benefit resulting from marginal increased economic activity by military service members who obtain a temporary landscape architectural registration when they might otherwise not participate in the profession due to licensure barriers.
There is no anticipated economic cost to persons required to comply with the proposed rule, including military spouses and military service members, as qualifying individuals will benefit from the ability to obtain a temporary landscape architectural registration without charge.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities resulting from adoption of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code §2006.002, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, Government Code §2001.0045 does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rules may be submitted to Lance Brenton, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §3.29 is proposed under Occupations Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of landscape architecture. The amendment implements Occupations Code §55.0041, which requires the Board to adopt the proposed rule.
CROSS REFERENCE TO STATUTE
The proposed amendment does not affect any other statute.
§3.29.Registration of a Military Service Member, Military Veteran, or Military Spouse.
(a) (No change.)
(b) Landscape architectural registration eligibility requirements for military service members, military veterans, and military spouses.
(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:
(A) Holds an active landscape architectural registration
issued by another jurisdiction that has licensing or registration
requirements that are substantially equivalent to the requirements
for registration [the license] in this state; or
(B) Held an active landscape architectural registration in this state within the five years preceding the application.
(3) Not later than 30 days [As soon
as practicable] after a military service member, military veteran,
or military spouse files an application for registration, the Board
shall process the application, and if the applicant qualifies for
registration under this subsection, issue the registration.
(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.
(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse
[spouses].
(1) An individual who is a military service member
or [A] military spouse may qualify for a temporary
landscape architectural registration if the individual [spouse]:
(A) holds a current landscape architectural license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for landscape architectural registration in this state;
(B) notifies the Board in writing of the individual's
[spouse's] intent to practice Landscape Architecture
in this state;
(C) submits to the Board required information to demonstrate eligibility for temporary landscape architectural registration; and
(D) receives a verification letter from the Board that:
(i) the Board has verified the individual's [spouse's] license or registration in the other jurisdiction; and
(ii) the individual [spouse]
is issued a temporary landscape architectural registration.
(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a landscape architectural registration in Texas:
(A) whether the other jurisdiction requires an applicant to pass the Landscape Architect Registration Examination (LARE);
(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and
(C) any education credentials required by the jurisdiction to obtain the license or registration.
(3) The individual [military spouse]
must submit the following information to the Board to demonstrate
eligibility for temporary landscape architectural registration:
(A) a written request for the Board to review the individual's
[military spouse's] eligibility for temporary landscape
architectural registration;
(B) sufficient documentation to verify that the individual
[military spouse] is currently licensed or registered
in good standing in another jurisdiction and has no restrictions,
pending enforcement actions, or unpaid fees or penalties relating
to the license or registration;
(C) proof of residency in this state;
(D) a copy of the individual's military
[spouse's ] identification card; and
(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.
(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.
(5) [(4)] A temporary landscape
architectural registration issued under this subsection expires three
years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member
to whom the spouse is married is no longer stationed at a military
installation in Texas, whichever occurs first. The registration may
not be renewed.
(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.
(7) [(5)] Except as provided
under this [the] subsection, an individual [a military spouse] who receives a temporary landscape architectural
registration under this subsection is subject to and shall comply
with all applicable laws, rules, and standards governing the practice
of Landscape Architecture in this state.
(8) [(6)] A temporary landscape
architectural registration issued under this subsection may be revoked
if the individual [military spouse]:
(A) fails to comply with paragraph (7) [(5)
] of this subsection; or
(B) the individual's [military spouse's]
license or registration required under paragraph (1)(A) [(1)(a)] of this subsection expires or is suspended or revoked.
(9) [(7)] The Board shall not
charge a fee for the issuance of a temporary landscape architectural
registration under this subsection.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 21, 2023.
TRD-202304952
Lance Brenton
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 11, 2024
For further information, please call: (512) 305-8519
SUBCHAPTER B. ELIGIBILITY FOR REGISTRATION
The Texas Board of Architectural Examiners (Board) proposes the amendment of 22 Texas Administrative Code §5.39, relating to the Registration of a Military Service Member, Military Veteran, or Military Spouse (registered interior designers).
Subject Material Statement
This proposed rulemaking action would implement Senate Bill 422 (88th Regular Session, 2023), which amends provisions in Texas Occupations Code Chapter 55, relating to the licensure of military service members, military veterans, and military spouses.
In 2019, the Texas Legislature passed Senate Bill 1200 (86th Regular Session), which created a process under Texas Occupations Code §55.0041 to allow certain military spouses licensed in other states to engage in a business or occupation without becoming licensed in Texas. Through Senate Bill 422, the legislature has extended this provision to apply to military service members as well. Under amended §55.0041(a), a military service member may engage in a business or occupation for which a license is required without obtaining the applicable license if the military service member is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to Texas requirements. A military service member seeking to practice under this provision is required to notify the licensing entity, submit proof of residency and military identification, and receive confirmation of qualification to practice from the state agency. See Tex. Occ. Code §55.0041(b). The law also authorizes state agencies to adopt rules to issue a temporary license to an individual who qualifies to practice their profession under §55.0041(a). In such a case, the agency cannot charge a fee for the issuance of the license.
Senate Bill 422 also amends the law to impose deadlines upon agencies in considering applications under Texas Occupations Code Chapter 55. Under these amendments, a licensing agency has no more than 30 days from the submission of required documentation to approve a qualifying military service member or military spouse seeking to practice under Tex. Occ. Code § 55.0041. Additionally, an amendment to Tex. Occ. Code §55.005 requires a licensing agency to process and approve an application for licensure from a qualifying military service member, military veteran, or military spouse within 30 days.
Explanation of Action
The Board proposes to implement Senate Bill 422 by amending 22 Texas Administrative Code §5.39(b)(3) to implement a 30-day processing deadline for the consideration of an application submitted by a military service member, military veteran, or military spouse.
The Board proposes to implement Senate Bill 422 by amending §5.39(c). Previously, the Board adopted this rule to implement a temporary interior designer registration procedure for qualifying military spouses pursuant to Tex. Occ. Code §55.0041. Because Senate Bill 422 expands §55.0041 to apply to qualifying military service members, the Board proposes to do the same for §5.39(c). The proposed rule would implement two additional Senate Bill 422 amendments to §55.0041 by requiring the Board to issue a temporary registration to a qualifying military service member or military spouse within 30 days, and by clarifying that a military spouse's temporary registration is not impacted by a divorce or similar event.
Finally, the Board proposes non-substantive amendments to §§5.39(b)(2)(A), 5.39(c)(7) and 5.39(c)(8)(B) to improve the clarity of the rule.
FISCAL NOTE
Lance Brenton, General Counsel, has determined that for the first five-year period the proposed rule is in effect, the amendments will have no significant fiscal impact upon state or local government or the Board. Any potential adverse fiscal impact would be based on a loss of revenue otherwise payable to the Board by qualifying military service members in the form of registration and renewal fees that would be waived under proposed §5.39(c). However, under 22 Tex. Administrative Code §7.10(h), military service members are exempt from the payment of any fee to the Board during any period of active duty service. Because a "military service member" is by definition on active duty under Tex. Occ. Code §55.001(4) and 22 Texas Administrative Code §5.39(a)(3), the proposed rule will have no fiscal impact on state or local government or the Board.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rule would be in effect, no government program would be created or eliminated. Implementation of the proposed rule would not result in the creation or elimination of employee positions. Implementation of the proposed rule is not expected to require an increase or decrease in legislative appropriations to the agency. The proposed rule does not require an increase or decrease in fees paid to the agency. The proposed rule does not create a new regulation. Rather, the proposed rule amends an existing regulation. The proposed rule increases the number of individuals who can benefit from waivers under the rule, as Senate Bill 422 creates the option for temporary interior design registration for qualifying military service members and ensures the continued validity of a military spouse's temporary interior design registration in the event of a divorce or similar event. The proposed rule is not expected to positively or adversely affect the state's economy.
PUBLIC BENEFIT/COST OF COMPLIANCE
Mr. Brenton has determined that for the first five-year period the proposed rule is in effect, public benefits will be realized with no probable economic cost to persons required to comply with the rule.
This proposal would benefit the public by ensuring consistency between the Board's rules and the legislature's mandate enacted in Senate Bill 422. Additionally, the state may realize a public benefit resulting from marginal increased economic activity by military service members who obtain a temporary interior design registration when they might otherwise not participate in the profession due to licensure barriers.
There is no anticipated economic cost to persons required to comply with the proposed rule, including military spouses and military service members, as qualifying individuals will benefit from the ability to obtain a temporary interior design registration without charge.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities resulting from the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code §2006.002, is not required.
TAKINGS IMPACT ASSESSMENT
The agency has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.
LOCAL EMPLOYMENT IMPACT STATEMENT
The agency has determined that the proposed rules will not affect any local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
As a self-directed semi-independent agency, Government Code §2001.0045 does not apply to rules adopted by the Board.
PUBLIC COMMENT
Comments on the proposed rules may be submitted to Lance Brenton, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §5.39 is proposed under Occupations Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of interior design. The amendment implements Occupations Code §55.0041, which requires the Board to adopt the proposed rule.
CROSS REFERENCE TO STATUTE
The proposed amendment does not affect any other statute.
§5.39.Registration of a Military Service Member, Military Veteran, or Military Spouse.
(a) (No change.)
(b) Interior design registration eligibility requirements for military service members, military veterans, and military spouses.
(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:
(A) Holds an active interior design registration issued
by another jurisdiction that has licensing or registration requirements
that are substantially equivalent to the requirements for registration
[the license] in this state; or
(B) Held an active interior design registration in this state within the five years preceding the application.
(3) Not later than 30 days [As soon
as practicable] after a military service member, military veteran,
or military spouse files an application for registration, the Board
shall process the application, and if the applicant qualifies for
registration under this subsection, issue the registration.
(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.
(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse
[spouses].
(1) An individual who is a military service member
or [A] military spouse may qualify for a temporary
Interior Design registration if the individual [spouse]:
(A) holds a current interior design license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for Interior Design registration in this state;
(B) notifies the Board in writing of the individual's
[spouse's] intent to practice Interior Design in
this state;
(C) submits to the Board required information to demonstrate eligibility for temporary Interior Design registration; and
(D) receives a verification letter from the Board that:
(i) the Board has verified the individual's [spouse's] license or registration in the other jurisdiction; and
(ii) the individual [spouse]
is issued a temporary Interior Design registration.
(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for an Interior Design registration in Texas:
(A) whether the other jurisdiction requires an applicant to pass the Council for Interior Design Qualification (CIDQ) examination;
(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and
(C) any education credentials required by the jurisdiction to obtain the license or registration.
(3) The individual [military spouse]
must submit the following information to the Board to demonstrate
eligibility for temporary Interior Design registration:
(A) a written request for the Board to review the individual's
[military spouse's] eligibility for temporary Interior
Design registration;
(B) sufficient documentation to verify that the individual
[military spouse] is currently licensed or registered
in good standing in another jurisdiction and has no restrictions,
pending enforcement actions, or unpaid fees or penalties relating
to the license or registration;
(C) proof of residency in this state;
(D) a copy of the individual's military
[spouse's] identification card; and
(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.
(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.
(5) [(4)] A temporary Interior
Design registration issued under this subsection expires three years
from the date of issuance or when the military service member or,
with respect to a military spouse, the military service member to
whom the spouse is married is no longer stationed at a military installation
in Texas, whichever occurs first. The registration may not be renewed.
(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.
(7) [(5)] Except as provided
under this [the] subsection, an individual [a military spouse] who receives a temporary Interior Design
registration under this subsection is subject to and shall comply
with all applicable laws, rules, and standards governing the practice
of Interior Design in this state.
(8) [(6)] A temporary Interior
Design registration issued under this subsection may be revoked if
the individual [military spouse]:
(A) fails to comply with paragraph (7) [(5)
] of this subsection; or
(B) the individual's [military spouse's]
license or registration required under paragraph (1)(A) [(a)] of this subsection expires or is suspended or revoked.
(9) [(7)] The Board shall not
charge a fee for the issuance of a temporary Interior Design registration
under this subsection.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 21, 2023.
TRD-202304953
Lance Brenton
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: February 11, 2024
For further information, please call: (512) 305-8519