PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
CHAPTER 1. ARCHITECTS
SUBCHAPTER C. EXAMINATION
The Texas Board of Architectural Examiners ("Board") proposes the amendment of part 1, chapter 1, subchapter C, 22 Texas Administrative Code §1.41, relating to Requirements.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would provide an earlier opportunity to begin taking the Architect Registration Examination (ARE). The ARE is a six-division exam used to assess knowledge and skills regarding the practice of architecture. The ARE is prepared and scored by the National Council of Architectural Registration Boards (NCARB) and is required by all U.S. jurisdictions as a step on the path to earning an architectural registration.
The current rule §1.41 requires completion of "at least six (6) months of full-time experience working under the direct supervision of a licensed architect," in order to be approved to take the ARE. The proposed rule §1.41 removes this requirement. By removing the experience requirement prior to testing, proposed rule §1.41 would streamline the examination process and reduce impediments to registration. Note that this proposed rule change would not impact the requirement under §1.41 that an applicant must demonstrate completion of the Architectural Experience Program (a 3,740-hour experience program administered by NCARB) prior to becoming registered. Rather, the proposed rule would allow applicants the flexibility to begin testing prior to collecting working experience.
This proposed amendment was spurred by a recently adopted NCARB resolution to amend its Model Law and Regulations. Under that resolution, the model law would allow applicants to begin testing with only a high school degree or equivalent. The Board is unable to fully implement NCARB's new policy because its enabling statute requires applicants to have graduated from a recognized university or college of architecture approved by the Board prior to approval for testing. However, the Board has greater discretion to determine the appropriate level of experience that is required prior to testing and is therefore proposing this rule to allow applicants an earlier start in the examination process.
EXPLANATION OF ACTION
Accordingly, the Board proposes eliminating the experience requirement prior to testing. Proposed rule §1.41 would give architect candidates an earlier opportunity and greater flexibility to take an exam section when they feel most prepared.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the amended rule is in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rule would be in effect, no government program would be created or eliminated. The adoption 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 is not likely to increase fees paid to the Board. The proposed rule would not result in the adoption of new regulations. Rather, the proposed rule amends existing regulations, in a manner that imposes a decreased burden on examination candidates by allowing testing to begin without six months of experience. The proposed rule would not increase the number of individuals subject to the rule's applicability. The proposed rule is not expected to have any impact on the state's economy.
PUBLIC BENEFIT/COST OF COMPLIANCE
For the first five-year period the amended rule is in effect, the public benefit of the proposed rule includes reducing barriers to entry and maintaining national registration standards in Texas. Additionally, candidates for registration would benefit from starting the ARE process earlier, without any impact on the validity of the examination to measure the knowledge necessary to practice as an architect.
Compliance with the proposed amendment is not expected to result in economic costs to persons who are required to comply with the rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Since the agency has determined that the proposed rule 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 rule and the proposed rule does 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 rule does 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 rule 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 rule may be submitted to Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §1.41 is proposed under 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 §1051.705, which authorizes the Board to adopt an experience requirement for eligibility to take the registration examination for architects.
CROSS REFERENCE TO STATUTE
The proposed amendment does not affect any other statute.
§1.41.Requirements.
(a) (No change.)
(b) The Board may approve an Applicant to take the
ARE only after the Applicant has completed the educational requirements
for architectural registration by examination in Texas, [has
completed at least six (6) months of full-time experience working
under the direct supervision of a licensed architect,] has enrolled
in the Architectural Experience Program (AXP) by establishing a council
record with NCARB, and has submitted the required application materials.
(c) - (e) (No change.)
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 October 7, 2024.
TRD-202404742
Pim Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: November 17, 2024
For further information, please call: (512) 305-9040
SUBCHAPTER C. EXAMINATION
The Texas Board of Architectural Examiners ("Board") proposes the amendment of 22 Texas Administrative Code, part 1, chapter 3, subchapter C, §3.41, relating to Requirements.
SUBJECT MATERIAL STATEMENT
This proposed rulemaking action would provide an earlier opportunity to begin taking the Landscape Architect Registration Examination (LARE). The LARE is a four-part examination designed to determine whether applicants for landscape architectural registration possess sufficient knowledge, skills, and abilities to provide services without endangering the health, safety and welfare of the public. The LARE is prepared and scored by the Council of Landscape Architectural Registration Boards (CLARB).
The current rule §3.41 requires completion of "at least six (6) months of full-time experience working under the direct supervision of a licensed architect," in order to be approved to take the ARE. The proposed rule §3.41 removes this requirement. By removing the experience requirement prior to testing, proposed rule §3.41 would streamline the examination process and reduce impediments to registration. Note that this proposed rule change would not impact the requirement under §3.191 that an applicant must complete at least 3,640 hours of acceptable experience prior to becoming registered. Rather, the proposed rule allows applicants the flexibility to begin testing prior to collecting working experience.
This proposed amendment would align Texas with the majority of CLARB jurisdictions. The national trend is to eliminate experience requirements prior to testing, and Texas is one of only seven states that requires experience before beginning testing. The Board has discretion to determining the appropriate level of experience that is required prior to testing.
EXPLANATION OF ACTION
Accordingly, the Board proposes eliminating the experience requirement prior to testing. Proposed rule §3.41 would give landscape architect candidates an earlier opportunity and greater flexibility to take an exam section when they feel most prepared.
FISCAL NOTE
Pim Mayo, General Counsel, has determined that for the first five-year period the amended rule is in effect, the amendments will have no significant adverse fiscal impact upon state government, local government, or the Texas Board of Architectural Examiners.
GOVERNMENT GROWTH IMPACT STATEMENT
During the first five years the proposed rules would be in effect, no government program would be created or eliminated. The adoption 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 is not likely to increase fees paid to the Board. The proposed rule would not result in the adoption of new regulations. Rather, the proposed rule amends existing regulations, in a manner that imposes a decreased burden on examination candidates by allowing testing to begin without six months of experience. The proposed rules would not increase the number of individuals subject to the rule's applicability. The proposed rules are not expected to have any impact on the state's economy.
PUBLIC BENEFIT/COST OF COMPLIANCE
For the first five-year period the amended rule is in effect, the public benefit of the proposed rules includes reducing barriers to entry and maintaining national registration standards in Texas. Additionally, candidates for registration would benefit from starting the LARE process earlier, without any impact on the validity of the examination to measure the knowledge necessary to practice as a landscape architect.
Compliance with the proposed amendment is not expected to result in economic costs to persons who are required to comply with the rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Since the agency has determined that the proposed rule 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 rule and the proposed rule does 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 rule does 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 Pim Mayo, General Counsel, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337.
STATUTORY AUTHORITY
The amendment of §3.41 is proposed under 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 §1052.154 which authorizes the Board to adopt an experience requirement for eligibility to take the registration examination for landscape architects.
CROSS REFERENCE TO STATUTE
The proposed amendment does not affect any other statute.
§3.41.Requirements.
(a) (No change.)
(b) The Board may approve an Applicant to take the
LARE only after the Applicant has completed the educational requirements
for landscape architectural registration by examination in Texas,
[has completed at least six (6) months of full-time experience
working under the direct supervision of a licensed landscape architect,]
and has submitted the required application materials.
(c) - (e) (No change.)
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 October 7, 2024.
TRD-202404743
Pim Mayo
General Counsel
Texas Board of Architectural Examiners
Earliest possible date of adoption: November 17, 2024
For further information, please call: (512) 305 9040