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Texas

Pursuant to Tex. Occ. Code § 1051.551, a public official of the state or of a political subdivision of the state who is responsible for enforcing laws that affect the practice of architecture may accept an architectural plan, specification, or other related document only if the plan, specification, or document is prepared by an architect or by a person acting under the supervision of an architect, as evidenced by the architect’s seal.  Tex. Occ. Code § 1051.701 provides that a person may not engage in the practice of architecture, or offer or attempt to engage in the practice of architecture, as defined in Section 1051.001(7)(A), (B), or (C) unless the person is registered as an architect under this chapter.  A firm, partnership, corporation, or association, including a firm, partnership, corporation, or joint stock association engaged in the practice of engineering under Section 1001.405, may engage in the practice of architecture, represent to the public that the entity is engaged in the practice of architecture or is offering architectural services, or use the word “architect” or “architecture” in any manner in its name only if any practice of architecture or architectural service performed on behalf of the entity is performed by or through a person registered as an architect under this chapter.

Tex. Occ. Code § 1051.704 provides that the board shall examine each applicant for registration on any architectural subject or procedure the board requires; and issue a certificate of registration to each applicant who passes.the examination.  Tex. Occ. Code § 1051.705 provides that a person may apply for an examination under this chapter if the person is a graduate of a recognized university or college of architecture approved by the board; and has satisfactory experience in architecture, in an office or offices of one or more legally practicing architects, as prescribed by board rule.

The applicant must present to the board a diploma showing that the applicant meets the education and evidence acceptable to the board that the applicant meets the experience requirement established by Subsection (a)(2).  The board shall set an examination fee in an amount reasonable and necessary to cover the cost of the examination.  Tex. Occ. Code § 1051.751 provides that on a determination that a ground for discipline exists under Section 1051.752, the board shall:

  • revoke, suspend, or refuse to renew a certificate of registration;
  • reprimand a certificate holder; or
  • impose an administrative penalty on a person under Subchapter I.The board may place on probation a person whose certificate of registration is suspended.  If the suspension of a person’s certificate is probated, the board may require the person to:
  • report regularly to the board on matters that are the basis of the
       probation;
  • limit practice to the areas prescribed by the board; or
  • continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

Pursuant to Tex. Occ. Code § 1051.752, a person is subject to disciplinary action under Section 1051.751 for:

  • a violation of this subtitle or a board rule adopted under this subtitle that applies to architects;
  • a failure to provide or to timely provide to the Texas Department of Licensing and Regulation any document designated by Chapter 469, Government Code, as a document the person is required to provide to the department; a cause for which the board may refuse to issue a certificate of registration;
  • gross incompetency in the practice of architecture;
  • recklessness in the practice of architecture, including
  • recklessness in the construction or alteration of a building by an architect designing, planning, or observing the construction or alteration;
  • dishonest practice in the practice of architecture by the holder of a certificate of registration;
  • giving false or forged evidence to the board or a board member in obtaining or assisting another person to obtain a certificate of registration;
  • aiding or abetting a person not registered under this subtitle in violating this subtitle; or
  • using or attempting to use as the person’s own the certificate of registration of another person.

Pursuant to Tex. Occ. Code § 1051.801, a person, whether acting independently or on behalf of the person’s firm, commits an offense if, in violation of this chapter, the person:

  • engages in the practice of architecture, or offers or attempts to engage in the practice of architecture;
  • prepares architectural plans or specifications for and observes or supervises the construction, enlargement, or alteration of a building for another person; or
  • advertises or puts out a sign, card, or drawing designating the person as an architect or architectural designer or uses another business or professional title that uses a form of the word “architect.”

An offense under this section is a misdemeanor punishable by a fine of not less than $ 250 and not more than $ 1,000.  Each day of violation is a separate offense.  In an action brought under this section, the board may be represented by a district or county attorney or by other counsel as necessary.


Inside Texas