Bill Text: TX HB2284 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the practice of architecture and engineering.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2284 Detail]
Download: Texas-2011-HB2284-Comm_Sub.html
Bill Title: Relating to the practice of architecture and engineering.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2284 Detail]
Download: Texas-2011-HB2284-Comm_Sub.html
By: Hardcastle (Senate Sponsor - Deuell) | H.B. No. 2284 | |
(In the Senate - Received from the House May 6, 2011; | ||
May 9, 2011, read first time and referred to Committee on Business | ||
and Commerce; May 21, 2011, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 6, Nays 0; | ||
May 21, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2284 | By: Estes |
|
||
|
||
relating to the practice of architecture and engineering. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 1001, Occupations Code, is | ||
amended by adding Section 1001.0031 to read as follows: | ||
Sec. 1001.0031. PRACTICES OF ENGINEERING AND ARCHITECTURE. | ||
(a) Except as provided by Subsection (d) or (e), the practice of | ||
engineering does not include, and engineers may not engage in or | ||
offer to engage in, the practice of architecture as defined by | ||
Sections 1051.001(7)(A), (B), and (C), as that definition existed | ||
on April 1, 2011, and by Section 1051.0016(a). | ||
(b) An engineer may not prepare or provide a complete, | ||
comprehensive set of building plans for a building designed for | ||
human use or occupancy unless: | ||
(1) the plans and specifications as described by | ||
Section 1051.001(7)(A) or (B) are prepared by, or under the | ||
supervision of, an architect; | ||
(2) the building is part of a project described by | ||
Section 1051.601(b) or a building described by Section | ||
1051.606(a)(4); or | ||
(3) the engineer has received administrative approval | ||
by the Texas Board of Architectural Examiners to practice | ||
architecture under Section 1051.607. | ||
(c) An engineer is responsible for the engineering plans and | ||
specifications of a building unless the work is exempt under | ||
Section 1001.053 or 1001.056. In this section, the term | ||
"engineering plans and specifications" means: | ||
(1) plans for a structural, mechanical, electrical, | ||
electronic, fire suppression, or geotechnical system in a building; | ||
(2) specifications of structural elements and | ||
connections of a building; | ||
(3) foundation design; | ||
(4) hydrologic management calculations and design of | ||
surface water control and detention necessary for compliance with | ||
ordinances and regulations; | ||
(5) design of building drain and waste system | ||
plumbing, fresh water plumbing, graywater systems, and mechanical | ||
aspects of moving water in and out of a structure, other than simple | ||
roof drainage; | ||
(6) evaluation of structural framing members before | ||
the addition of roof-mounted equipment or a heavier roof covering; | ||
(7) design of changes in roof pitch by the addition of | ||
structural framing members; | ||
(8) evaluation and repair of damaged roof structural | ||
framing; | ||
(9) design of electrical and signal and control | ||
systems; | ||
(10) shop drawings by manufacturers or fabricators of | ||
materials and products to be used in the building features designed | ||
by the engineer; and | ||
(11) specifications listing the nature and quality of | ||
materials and products for construction of features of the building | ||
elements or systems designed by an engineer. | ||
(d) The preparation of engineering plans and specifications | ||
for the following tasks is within the scope of practice of both | ||
engineering and architecture: | ||
(1) site plans depicting the location and orientation | ||
of a building on the site based on: | ||
(A) a determination of the relationship of the | ||
intended use with the environment, topography, vegetation, | ||
climate, and geographic aspects; and | ||
(B) the legal aspects of site development, | ||
including setback requirements, zoning and other legal | ||
restrictions, and surface drainage; | ||
(2) the depiction of the building systems, including | ||
structural, mechanical, electrical, and plumbing systems, in: | ||
(A) plan views; | ||
(B) cross-sections depicting building components | ||
from a hypothetical cut line through a building; and | ||
(C) the design of details of components and | ||
assemblies, including any part of a building exposed to water | ||
infiltration or fire-spread considerations; | ||
(3) life safety plans and sheets, including | ||
accessibility ramps and related code analyses; and | ||
(4) roof plans and details depicting the design of | ||
roof system materials, components, drainage, slopes, and | ||
directions and location of roof accessories and equipment not | ||
involving structural engineering calculations. | ||
(e) The following activities may be performed by either an | ||
engineer or an architect: | ||
(1) programming for construction projects, including: | ||
(A) identification of economic, legal, and | ||
natural constraints; and | ||
(B) determination of the scope of functional | ||
elements; | ||
(2) recommending and overseeing appropriate | ||
construction project delivery systems; | ||
(3) consulting with regard to, investigating, and | ||
analyzing the design, form, materials, and construction technology | ||
used for the construction, enlargement, or alteration of a building | ||
or its environment; and | ||
(4) providing expert opinion and testimony with | ||
respect to issues within the responsibility of the engineer or | ||
architect. | ||
SECTION 2. Subchapter A, Chapter 1051, Occupations Code, is | ||
amended by adding Section 1051.0016 to read as follows: | ||
Sec. 1051.0016. PRACTICES OF ARCHITECTURE AND ENGINEERING. | ||
(a) In this chapter, "architectural plans and specifications" | ||
include: | ||
(1) floor plans and details: | ||
(A) depicting the design of: | ||
(i) internal and external walls and floors, | ||
including simple foundations; | ||
(ii) internal spaces of a building; and | ||
(iii) vertical circulation systems, | ||
including accessibility ramps, stair systems, elevators, and | ||
escalators; and | ||
(B) implementing programming, regulatory, and | ||
accessibility requirements for a building; | ||
(2) general cross-sections and detailed wall sections | ||
depicting building components from a hypothetical cut line through | ||
a building to include the building's mechanical, electrical, | ||
plumbing, or structural systems; | ||
(3) reflected ceiling plans and details depicting: | ||
(A) the design of the location, materials, and | ||
connections of the ceiling to the structure; and | ||
(B) the integration of the ceiling with | ||
electrical, mechanical, lighting, sprinkler, and other building | ||
systems; | ||
(4) finish plans or schedules depicting surface | ||
materials on the interior and exterior of the building; | ||
(5) interior and exterior elevations depicting the | ||
design of materials, locations, and relationships of components and | ||
surfaces; | ||
(6) partition, door, window, lighting, hardware, and | ||
fixture schedules; | ||
(7) manufacturer or fabricator drawings that are | ||
integrated into the construction documents; and | ||
(8) specifications describing the nature, quality, | ||
and execution of materials for construction of the elements of the | ||
building depicted in the plans prepared by the architect. | ||
(b) The preparation of architectural plans and | ||
specifications for the following tasks is within the scope of | ||
practice of both engineering and architecture: | ||
(1) site plans depicting the location and orientation | ||
of a building on the site based on: | ||
(A) a determination of the relationship of the | ||
intended use with the environment, topography, vegetation, | ||
climate, and geographic aspects; and | ||
(B) the legal aspects of site development, | ||
including setback requirements, zoning and other legal | ||
restrictions, and surface drainage; | ||
(2) the depiction of the building systems, including | ||
structural, mechanical, electrical, and plumbing systems, in: | ||
(A) plan views; | ||
(B) cross-sections depicting building components | ||
from a hypothetical cut line through a building; and | ||
(C) the design of details of components and | ||
assemblies, including any part of a building exposed to water | ||
infiltration or fire-spread considerations; | ||
(3) life safety plans and sheets, including | ||
accessibility ramps and related code analyses; and | ||
(4) roof plans and details depicting the design of | ||
roof system materials, components, drainage, slopes, and | ||
directions and location of roof accessories and equipment not | ||
involving structural engineering calculations. | ||
(c) The following activities may be performed by either an | ||
engineer or an architect: | ||
(1) programming for construction projects, including: | ||
(A) identification of economic, legal, and | ||
natural constraints; and | ||
(B) determination of the scope of functional | ||
elements; | ||
(2) recommending and overseeing appropriate | ||
construction project delivery systems; | ||
(3) consulting with regard to, investigating, and | ||
analyzing the design, form, materials, and construction technology | ||
used for the construction, enlargement, or alteration of a building | ||
or its environment; and | ||
(4) providing expert opinion and testimony with | ||
respect to issues within the responsibility of the engineer or | ||
architect. | ||
SECTION 3. Subchapter F, Chapter 1051, Occupations Code, is | ||
amended by adding Section 1051.308 to read as follows: | ||
Sec. 1051.308. INTERN DEVELOPMENT PROGRAM. The board shall | ||
allow a graduate student engineer enrolled in an accredited | ||
architectural professional degree program in this state to enroll | ||
concurrently in the intern development program required by board | ||
rules before an applicant may take the examination under this | ||
chapter. | ||
SECTION 4. Subchapter L, Chapter 1051, Occupations Code, is | ||
amended by adding Section 1051.607 to read as follows: | ||
Sec. 1051.607. LIST OF ENGINEERS PERMITTED TO ENGAGE IN | ||
PRACTICE OF ARCHITECTURE. (a) The board shall maintain a list of | ||
engineers licensed under Chapter 1001 who are authorized to engage | ||
in the practice of architecture based on an administrative finding | ||
of experience under this section. The board shall post the list on | ||
the board's Internet website. | ||
(b) An engineer may not engage or offer to engage in the | ||
practice of architecture unless: | ||
(1) the engineer is listed under Subsection (a); and | ||
(2) the engineer is in good standing with the Texas | ||
Board of Professional Engineers. | ||
(c) The board shall list each engineer who: | ||
(1) applies for placement on the list not later than | ||
April 1, 2012; | ||
(2) was licensed to practice engineering under Chapter | ||
1001 before January 1, 2011; and | ||
(3) provides to the board documentation of at least | ||
three projects that: | ||
(A) were prepared by the engineer; | ||
(B) were adequately and safely built before | ||
January 1, 2011; and | ||
(C) are described by Section 1051.703(a) or were | ||
not exempt under Section 1051.606(a)(4). | ||
(d) Documentation that is sufficient to satisfy the | ||
requirement of Subsection (c)(3) includes plans, specifications, | ||
photographs, and other records establishing that the architectural | ||
design work was performed by the engineer. The documentation is | ||
subject to verification by the board. The board shall complete the | ||
verification not later than the 120th day after the date the board | ||
receives the documentation. | ||
(e) The board shall issue written confirmation to each | ||
engineer listed under this section that, notwithstanding the | ||
requirements of Section 1051.701, the engineer may lawfully engage | ||
and offer to engage in the practice of architecture without a | ||
license under this chapter. | ||
(f) If the board declines to list an engineer who applies | ||
under this section, the engineer may request a contested case | ||
hearing to be conducted under Chapter 2001, Government Code. The | ||
motion for rehearing required by Chapter 2001, Government Code, | ||
shall be filed with the State Office of Administrative Hearings. | ||
The decision of the administrative law judge in the contested case | ||
is final and may be appealed in a Travis County district court. | ||
(g) The board and the Texas Board of Professional Engineers | ||
shall pay equally the costs of a contested case. | ||
(h) The Texas Board of Professional Engineers has exclusive | ||
regulatory oversight over an engineer listed under Subsection (a). | ||
SECTION 5. Section 1051.703(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) This section does not prohibit an owner of a building | ||
from contracting with [ |
||
prime design professional for a building construction, alteration, | ||
or addition project. Designation as the prime design professional | ||
does not expand the scope of practice of an architect or engineer | ||
beyond the scope of practice that the architect or engineer is | ||
authorized to practice under Chapter 1001 or 1051. | ||
SECTION 6. (a) The Texas Board of Professional Engineers | ||
and the Texas Board of Architectural Examiners shall establish a | ||
joint task force of members of each board and license and | ||
registration holders regulated by each board to make | ||
recommendations to the boards regarding whether certain activities | ||
should be within the scope of practice of architecture or | ||
engineering, or both. | ||
(b) This section expires August 31, 2013. | ||
SECTION 7. An engineer who applies for listing under | ||
Section 1051.607, Occupations Code, as added by this Act, may | ||
continue to practice under the law as it existed immediately before | ||
the effective date of this Act until the date the application is | ||
finally approved or denied, or if appealed after denial, a final | ||
decision is entered by an administrative law judge, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 8. Sections 1001.216 and 1051.212, Occupations | ||
Code, are repealed. | ||
SECTION 9. This Act takes effect September 1, 2011. | ||
* * * * * |