PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 1. ARCHITECTS
SUBCHAPTER C. EXAMINATION
The Texas Board of Architectural Examiners (Board) adopts amendments to 22 Texas Administrative Code §1.43 and §1.44. The amendments are adopted without changes to the proposed text published in the June 23, 2023, issue of the Texas Register (48 TexReg 3385) and will not be republished.
Reasoned Justification. This rulemaking action implements changes to the Board's rules relating to the time period within which a candidate for registration is required to complete the Architect Registration Examination (ARE). The adopted rules implement a change in policy by National Council of Architectural Registration Boards (NCARB), thereby maintaining national registration standards in Texas while providing a more equitable process for the completion of the ARE.
Adopted §1.43 repeals a requirement based on the now-obsolete NCARB "five-year rolling clock" policy. The rolling clock policy placed a five-year expiration date on passed divisions of the ARE. NCARB's decision to repeal the policy was based on its conclusion that the five-year rolling clock was too restrictive. According to NCARB, most current ARE 5.0 exam items were developed under the previous ARE 4.0 and simply restructured for the current exam. Therefore, NCARB concluded that preserving these scores will not impact exam validity. The Board agrees.
In place of the rolling clock, NCARB has adopted a new score validity policy, which bases the validity of passed ARE sections on exam versions (such as ARE 4.0, ARE 5.0, etc.) rather than a set time frame. Under this policy, a passed exam section will remain valid throughout the delivery of the exam version under which it was taken, as well as the next exam version. For example, previously-expired ARE 4.0 sections have been reinstated and considered current throughout delivery of the current ARE 5.0 and may be used by candidates to establish credit for ARE 5.0. Likewise, ARE 5.0 sections will remain valid throughout the delivery of ARE 5.0, and future credits based on passed ARE 5.0 sections will remain valid throughout the delivery of ARE 6.0.
To maintain compliance with national registration standards, amended §1.43 replaces the formerly-adopted five-year rolling clock requirement with a requirement that architect candidates must schedule and pass all sections of the examination within the time period required by NCARB. Since exam versions are expected to be in place for approximately 10 years, the adopted rule should result in a substantially longer window to complete the exam for all candidates.
Secondly, adopted §1.43 retains a procedure for certain individuals to request an extension to the testing period, with amendments. Under the former rule, a candidate who gave birth to or adopted a child, developed a serious medical condition, or commenced active-duty service as a member of the military was eligible to request extended time to complete the examination. Though NCARB has eliminated an internal procedure allowing such requests, the adopted rule retains it for Texas purposes, with amendments. Under the adopted rule, an individual who experiences one of these life events is eligible to receive an extended period of validity for an expired examination section if the event occurred within the 12 months immediately preceding the date of expiration. Submission of a request for extension is required within six months of the expiration of the examination section. Additionally, the extension for a serious medical condition is limited in time to a maximum of six months, and only if the condition reasonably prevented the person from preparing for or taking the examination. The adopted amendments recognize that, although the testing window will be much longer for all candidates, candidates who experience a qualifying life event late in the testing window might nonetheless be deserving of an extension.
Lastly, the Board amends §1.44. The amendment implements a repeal of the five-year rolling clock as applied to the transfer of exam scores between states and replaces it with a requirement that the transferred candidate must pass all sections of the examination within the time period required by NCARB.
Summary of Comments and Agency Response.
The Board did not receive any comments on the proposed rule.
Statutory Authority. Amendments to §1.43 and §1.44 are adopted under the authority of Tex. Occ. Code §1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of architecture; and Tex. Occ. Code §1051.704, which requires the Board to examine each applicant for registration on any architectural subject or procedure the Board requires and to issue a certificate of registration to each applicant who passes the examination.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 17, 2023.
TRD-202303035
Lance Brenton
General Counsel
Texas Board of Architectural Examiners
Effective date: September 6, 2023
Proposal publication date: June 23, 2023
For further information, please call: (512) 305-8519
SUBCHAPTER C. EXAMINATION
The Texas Board of Architectural Examiners (Board) adopts amendments to 22 Texas Administrative Code §3.43 and §3.44. The amendments are adopted without changes to the proposed text published in the June 23, 2023, issue of the Texas Register (48 TexReg 3387) and will not be republished.
Reasoned Justification. This rulemaking action implements changes to the Board's rules relating to the time period within which a candidate for registration is required to complete the Landscape Architect Registration Examination (LARE). The adopted rules are intended to maintain consistency between the rules for architect and landscape architect registration, align Texas with national registration standards, and provide a more equitable process for the completion of the LARE.
Adopted §3.43 repeals a requirement that a candidate for landscape architect registration must pass all sections of the examination within five (5) years from the date the candidate passes a section of the examination, or otherwise lose credit for that section. The former requirement was based on an identical rule the Board adopted for architect registration candidates. That rule, in turn, was based on a policy by the National Council of Architectural Registration Boards (NCARB). Recently, NCARB repealed this "five-year rolling clock" policy. Given this change in policy, the Board has reexamined its rules and determined the five-year rolling clock should be repealed for both architect and landscape architect candidates.
The Council of Landscape Architectural Registration Boards (CLARB), which administers the LARE, does not require its examinees to complete the LARE within five years of passing the first section of the examination. Rather, examinees must pass all sections of the LARE during the period in which that version of the LARE is in effect. If an examinee does not complete the LARE before a new version comes into effect, previously-passed sections of the examination may be used to establish credit under the new version.
Because the Board is repealing the five-year requirement for architect examinees, and because CLARB does not have a similar requirement, the Board amends §3.43 to replace the adopted five-year rolling clock requirement for landscape architect candidates with a requirement that candidates must schedule and pass all sections of the examination within the time period required by CLARB. Given that the most recent version of the LARE examination has been offered for 11 years, and because CLARB allows examinees to establish credit for new versions of the LARE based on passed sections of the previous version of the LARE, it is expected that the adopted rule will result in a much longer window for registrants to complete the LARE. Additionally, the adopted rule will bring Texas into alignment with national registrations standards as established by CLARB.
Secondly, adopted §3.43 retains a procedure for certain individuals to request an extension to the testing period, with amendments. Under the former rule, a candidate who gave birth to or adopted a child, developed a serious medical condition, or commenced active-duty service as a member of the military was eligible to request extended time to complete the examination. Under the adopted rule, an individual who experiences one of these life events is eligible to receive an extended period of validity for an expired examination section if the event occurred within the 12 months immediately preceding the date of expiration. Submission of a request for extension is required within six months of the expiration of the examination section. Additionally, the extension for a serious medical condition is limited in time to a maximum of six months, and only if the condition reasonably prevented the person from preparing for or taking the examination. The amendment recognizes that, although the testing window will be much longer for all candidates, candidates who experience a qualifying life event late in the testing window might nonetheless be deserving of an extension.
Lastly, the Board amends §3.44. The amendment implements a repeal of the five-year rolling clock as applied to the transfer of exam scores between states and replaces it with a requirement that the transferred candidate must pass all sections of the examination within the time period required by CLARB.
Summary of Comments and Agency Response.
The Board did not receive any comments on the proposed rule.
Statutory Authority. Amendments to §3.43 and §3.44 are adopted under the authority of Tex. Occ. Code § 1051.202, which authorizes the Board to adopt reasonable rules as necessary to regulate the practice of landscape architecture; and Tex. Occ. Code § 1052.153, which requires the Board to approve and prescribe the scope of an examination and methods of procedure to measure the ability of an applicant for landscape architectural registration, in a manner that ensures the safety of the public welfare and property rights.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 17, 2023.
TRD-202303036
Lance Brenton
General Counsel
Texas Board of Architectural Examiners
Effective date: September 6, 2023
Proposal publication date: June 23, 2023
For further information, please call: (512) 305-8519
CHAPTER 102. FEES
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §102.1, concerning fees. The adopted amendment reflects the fees required to submit the following applications to the Board: Registered Dental Assistant (RDA) Course Provider Application, and Continuing Education (CE) Provider Application. This rule is adopted without changes to the proposed text published in the July 7, 2023 issue of the Texas Register (48 TexReg 3620), and will not be republished.
No comments were received regarding adoption of this rule.
This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 16, 2023.
TRD-202303017
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: September 5, 2023
Proposal publication date: July 7, 2023
For further information, please call: (512) 305-8910
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §110.18, concerning inspection of sedation/anesthesia providers. The adopted amendment gives the Board discretion on whether to pursue revocation of a dental license if a permit holder who is in an inactive status is found to have administered or delegated the administration of level 2, 3, or 4 sedation/anesthesia while in inactive status. The adopted amendment also gives the Board discretion on whether to pursue revocation of a dental license if a permit holder who is an exempt location status is found to have administered or delegated the administration of level 2, 3, or 4 sedation/anesthesia in a non-exempt location. This rule is adopted without changes to the proposed text published in the July 7, 2023 issue of the Texas Register (48 TexReg 3620), and will not be republished.
No comments were received regarding adoption of this rule.
This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 16, 2023.
TRD-202303016
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: September 5, 2023
Proposal publication date: July 7, 2023
For further information, please call: (512) 305-8910
CHAPTER 134 LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS
The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, regarding the licensing of registered professional land surveyors, specifically §134.23, relating to Applications From Standard Registration Holders, and §134.101, relating to Proposed Actions on Applications. Amendments to 22 Texas Administrative Code §134.23 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3031) and will not be republished. Amendments to 22 Texas Administrative Code §134.101 are adopted with changes made at the adoption stage consisting of standardization of the stye and format of rule citations contained in the figure associated with this rule. This rule will be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The adopted amendments to §134.23 clarify the Board’s policy to consider previous enforcement actions against a previous registration holder, who allowed his or her registration to expire and become non-renewable, if and when that registration holder reapplies for a new registration. In addition, the title of §134.23 is amended to make clear this rule applies to former registration holders. Identical amendments were adopted in July 2022, but were inadvertently repealed as part of a separate rule package that became effective in March 2023. These amendments restore the changes that were originally adopted in July 2022.
The adopted amendments to §134.101 correct an erroneous statutory citation and standardize the style and format of rule citations contained in the figure associated with this rule.
PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on June 16, 2023, and ended July 16, 2023. The Board received no comments from the public.
SUBCHAPTER C. LAND SURVEYOR APPLICATION REQUIREMENTS
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Texas Engineering Practice Act and the Professional Land Surveying Practices as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2023.
TRD-202302963
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: September 3, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 440-7723
STATUTORY AUTHORITY
The adopted rules are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Texas Engineering Practice Act and the Professional Land Surveying Practices as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.
§134.101.Proposed Actions on Applications.
The following is a table of suggested actions the board may impose against applicants for specific circumstances related to an application. The action may be less than or greater than the suggested actions shown in the following table.
Figure: 22 TAC §134.101 (.pdf)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2023.
TRD-202302964
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: September 3, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 440-7723
22 TAC §§134.61, 134.67, 134.71, 134.73
The Texas Board of Professional Engineers and Land Surveyors (Board or TBPELS) adopts rule amendments to 22 Texas Administrative Code, Chapter 134, Subchapter G, regarding the examination process for professional land surveyors, specifically amendments to §134.61, relating to Surveying Examinations Required for a Registration as a Professional Surveyor; §134.67, relating to the Examination on the Principles and Practice of Surveying; §134.71, relating to taking an Examination for Record Purposes; and §134.73, relating to Examination Results and Analysis, without changes to the proposed text as published in the April 21, 2023, issue of the Texas Register (48 TexReg 2037). The rules will not be republished.
REASONED JUSTIFICATION FOR RULE ADOPTION
The 2018-2019 Report of the Sunset Review of the Texas Board of Professional Land Surveying noted that the Surveying Board did not utilize the national Principles and Practice of Surveying examination (NCEES PS Exam) for registration of land surveyors in Texas. The Sunset Report found Texas was the only state that did not use this exam for registration. (Texas Sunset Advisory Commission: Staff Report with Final Results, p. 22, June 2019). The Sunset Commission adopted Recommendation 2.8, which directed the board to conduct a comprehensive analysis regarding adoption of the nationally accepted practice exam and a separate, corresponding jurisprudence exam.
After the Surveying Board was abolished and its duties transferred to the Texas Board of Professional Engineers and Land Surveyors, TBPELS undertook several years of research, data collection and analysis, and exam development concerning conversion to the nation surveying exam. The analysis was monitored, reviewed, and the transition recommended to the Board by the Surveying Advisory Committee (SAC), as required by Texas Occupations Code §1001.216.
At its November 17, 2022, meeting, the Board received and reviewed the SAC's exam analysis recommendation, and the Board approved the SAC's recommendation to use the new examination process to become a Registered Professional Land Surveyor (RPLS) in the state of Texas. Starting in 2023, the current RPLS exam will be replaced with a combination of the National Council of Examiners for Engineering and Surveying (NCEES) Principles and Practice of Professional Surveying (PS) exam and a new Texas State Specific Exam (TSSE).
The adopted rules implement the changes to the examination requirements resulting from the Sunset Commission recommendation, subsequent analysis, and resulting approval by the Board to convert to the national NCEES PS exam and a state-specific jurisprudence exam.
PUBLIC COMMENT
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on April 21, 2023, and ended May 21, 2023. The Board received no comments from the public.
STATUTORY AUTHORITY
The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. The amendments are also adopted pursuant to Texas Occupations Code §§1071.254 and 1071.256 related to examinations required to become an RPLS.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 16, 2023.
TRD-202303010
Lance Kinney
Executive Director
Texas Board of Professional Engineers and Land Surveyors
Effective date: September 5, 2023
Proposal publication date: April 21, 2023
For further information, please call: (512) 440-7723