SECTION 1.5. Terms Defined Herein

The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) The Act--The Architects' Registration Law.

(2) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.

(3) APA--Administrative Procedure Act.

(4) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.

(5) Architect--An individual who holds a valid Texas architectural registration certificate granted by the Board.

(6) Architect Registration Examination (ARE)--The standardized test that a Candidate must pass in order to obtain a valid Texas architectural registration certificate.

(7) Architect Registration Examination Financial Assistance Fund (AREFAF)--A program administered by the Board which provides monetary awards to Candidates and newly registered Architects who meet the program's criteria.

(8) Architects' Registration Law--Chapter 1051, Texas Occupations Code.

(9) Architectural Barriers Act--Texas Government Code, Chapter 469.

(10) Architectural Experience Program--The comprehensive architectural experience program established, interpreted, and enforced by NCARB, or the predecessor Intern Development Program.

(11) Architectural Intern--An individual enrolled in the Architectural Experience Program (AXP).

(12) ARE--Architect Registration Examination.

(13) AREFAF--Architect Registration Examination Financial Assistance Fund.

(14) AXP--The Architectural Experience Program.

(15) Barrier-Free Design--The design of a building or a facility or the design of an alteration of a building or a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.

(16) Board--Texas Board of Architectural Examiners.

(17) Cancel, Cancellation, or Cancelled--The termination of a Texas architectural registration certificate by operation of law two years after it expires without renewal by the certificate-holder.

(18) Candidate--An Applicant approved by the Board to take the ARE.

(19) CEPH--Continuing Education Program Hour(s).

(20) Chair--The member of the Board who serves as the Board's presiding officer.

(21) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents prepared for the purpose(s) of Regulatory Approval, permitting, or construction.

(22) Consultant--An individual retained by an Architect who prepares or assists in the preparation of technical design documents issued by the Architect for use in connection with the Architect's Construction Documents.

(23) Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.

(24) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.

(25) Council Certification--Certification granted by NCARB to architects who have satisfied certain standards related to architectural education, training, and examination.

(26) Delinquent--A registration status signifying that an Architect:

(A) has failed to remit the applicable renewal fee to the Board; and

(B) is no longer authorized to Practice Architecture in Texas or use any of the terms restricted by the Architects' Registration Law.

(27) Emeritus Architect (or Architect Emeritus)--An honorary title that may be used by an Architect who has retired from the Practice of Architecture in Texas pursuant to Texas Occupations Code, §1051.357.

(28) Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.

(29) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed architectural project from a technical architectural standpoint.

(30) Good Standing--

(A) a registration status signifying that an Architect is not delinquent in the payment of any fees owed to the Board; or

(B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by an architectural registration board that would provide a ground for the denial of the application for architectural registration in Texas.

(31) Governmental Entity--A Texas state agency or department; a district, authority, county, municipality, or other political subdivision of Texas; or a publicly owned Texas utility.

(32) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.

(33) Inactive--A registration status signifying that an Architect may not Practice Architecture in the State of Texas.

(34) Institutional Residential Facility--A building intended for occupancy on a 24-hour basis by persons who are receiving custodial care from the proprietors or operators of the building. Hospitals, dormitories, nursing homes and other assisted living facilities, and correctional facilities are examples of buildings that may be Institutional Residential Facilities.

(35) Licensed--Registered.

(36) Member Board--An architectural registration board that is part of the nonprofit federation of architectural registration boards known as NCARB.

(37) NAAB--National Architectural Accrediting Board.

(38) National Architectural Accrediting Board (NAAB)--An agency that accredits architectural degree programs in the United States.

(39) National Council of Architectural Registration Boards (NCARB)--A nonprofit federation of architectural registration boards from fifty-four (54) states and territories of the United States.

(40) NCARB--National Council of Architectural Registration Boards.

(41) Nonregistrant--An individual who is not an Architect.

(42) Practice Architecture--Perform or do or offer or attempt to do or perform any service, work, act, or thing within the scope of the Practice of Architecture.

(43) Practicing Architecture--Performing or doing or offering or attempting to do or perform any service, work, act, or thing within the scope of the Practice of Architecture.

(44) Practice of Architecture--A service or creative work applying the art and science of developing design concepts, planning for functional relationships and intended uses, and establishing the form, appearance, aesthetics, and construction details for the construction, enlargement, or alteration of a building or environs intended for human use or occupancy, the proper application of which requires education, training, and experience in those matters.

(A) The term includes:

(i) establishing and documenting the form, aesthetics, materials, and construction technology for a building, group of buildings, or environs intended to be constructed or altered;

(ii) preparing or supervising and controlling the preparation of the architectural plans and specifications that include all integrated building systems and construction details, unless otherwise permitted under Texas Occupations Code, §1051.606(a)(4); and

(iii) observing the construction, modification, or alteration of work to evaluate conformance with architectural plans and specifications described in clause (ii) of this subparagraph for any building, group of buildings, or environs requiring an architect.

(B) The term "practice of architecture" also includes the following activities which, pursuant to Texas Occupations Code §1051.701(a), may be performed by a person who is not registered as an Architect:

(i) programming for construction projects, including identification of economic, legal, and natural constraints and determination of the scope and spatial relationship of functional elements;

(ii) recommending and overseeing appropriate construction project delivery systems;

(iii) consulting, investigating, and analyzing the design, form, aesthetics, materials, and construction technology used for the construction, enlargement, or alteration of a building or environs and providing expert opinion and testimony as necessary;

(iv) research to expand the knowledge base of the profession of architecture, including publishing or presenting findings in professional forums; and

(v) teaching, administering, and developing pedagogical theory in academic settings offering architectural education.

(45) Principal--An architect who is responsible, either alone or with other architects, for an organization's Practice of Architecture.

(46) Prototypical--From or of an architectural design intentionally created not only to establish the architectural parameters of a building or facility to be constructed but also to serve as a functional model on which future variations of the basic architectural design would be based for use in additional locations.

(47) Public Entity--A state, a city, a county, a city and county, a district, a department or agency of state or local government which has official or quasi-official status, an agency established by state or local government though not a department thereof but subject to some governmental control, or any other political subdivision or public corporation.

(48) Registered--Licensed.

(49) Registrant--Architect.

(50) Regulatory Approval--The approval of Construction Documents by the applicable Governmental Entity after a review of the architectural content of the Construction Documents as a prerequisite to construction or occupation of a building or a facility.

(51) Reinstatement--The procedure through which a Surrendered or revoked Texas architectural registration certificate is restored.

(52) Renewal--The procedure through which an Architect pays a periodic fee so that the Architect's registration certificate will continue to be effective.

(53) Responsible Charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the applicable architectural standard of care.

(54) Revocation or Revoked--The termination of an architectural registration certificate by the Board.

(55) Rules and Regulations of the Board--22 Texas Administrative Code §§1.1 et seq.

(56) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.

(57) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes of each Board meeting and maintaining the record of Board members' attendance at Board meetings.

(58) Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.

(59) SOAH--State Office of Administrative Hearings.

(60) Sole Practitioner--An Architect who is the only design professional to offer or render architectural services on behalf of a business entity.

(61) State Office of Administrative Hearings (SOAH)--A Governmental Entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.

(62) Supervision and Control--The amount of oversight by an architect overseeing the work of another whereby:

(A) the architect and the individual performing the work can document frequent and detailed communication with one another and the architect has both control over and detailed professional knowledge of the work; or

(B) the architect is in Responsible Charge of the work and the individual performing the work is employed by the architect or by the architect's employer.

(63) Supplemental Document--A document that modifies or adds to the technical architectural content of an existing Construction Document.

(64) Surrender--The act of relinquishing a Texas architectural registration certificate along with all privileges associated with the certificate.

(65) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure developments during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.

(66) TBAE--Texas Board of Architectural Examiners.

(67) TDLR--Texas Department of Licensing and Regulation.

(68) Texas Department of Licensing and Regulation (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.

(69) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.

Source Note: The provisions of this §1.5 adopted to be effective March 17, 1988, 13 TexReg 1137; amended to be effective March 16, 1990, 15 TexReg 1149; amended to be effective February 8, 1991, 16 TexReg 456; amended to be effective December 6, 1995, 20 TexReg 9845; amended to be effective June 30, 1997, 22 TexReg 5920; amended to be effective April 5, 2000, 25 TexReg 2807; amended to be effective February 27, 2001, 26 TexReg 1708; amended to be effective March 6, 2003, 28 TexReg 1864; amended to be effective March 30, 2006, 31 TexReg 2453; amended to be effective April 3, 2008, 33 TexReg 2687; amended to be effective December 14, 2008, 33 TexReg 10157; amended to be effectiveJune21, 2009, 34 TexReg 3946; amended to be effective February 21, 2011, 36 TexReg 926; amended to be effective September 25, 2012, 37 TexReg 7480; amended to be effective June 21, 2016, 41 TexReg 4487; amended to be effective January 11, 2017, 42 TexReg 11; amended to be effective June 21, 2018, 43 TexReg 3884; amended to be effective July 8, 2020, 45 TexReg 4512