(a) A Registered Interior Designer may not directly
or indirectly perform an act, omit an act or allow an omission, make
an assertion, or otherwise engage in a practice with the intent to:
(1) defraud;
(2) deceive; or
(3) create a misleading impression.
(b) A Registered Interior Designer may not advertise
in a manner which is false, misleading, or deceptive.
(c) A Registered Interior Designer may not directly
or indirectly solicit, offer, give, or receive anything or any service
of significant value as an inducement or reward to secure any specific
publicly funded Interior Design work. A Registered Interior Designer
may not give Interior Design plans, design services, pre-bond referendum
services, or any other goods or services of significant value to a
governmental entity in response to a request for qualifications, a
request for proposals, or otherwise during the process to select a
Registered Interior Designer to render publicly funded Interior Design
work. The term "significant value" is defined to mean any act, article,
money, or other material consideration which is of such value or proportion
that its offer or acceptance would affect the governmental entity's
selection of a Registered Interior Designer or would create the appearance
of an obligation or bias on the part of the governmental entity to
select the Registered Interior Designer to perform the Interior Design
work.
(d) For purposes of this section, a Registered Interior
Designer's conduct is intentional, or with intent, if the nature of
the conduct or a reasonable result of the conduct demonstrates a conscious
objective or desire to engage in the conduct or cause the result.
A Registered Interior Designer's intent may be established by circumstantial
evidence.
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Source Note: The provisions of this §5.154 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective July 18, 2007, 32 TexReg 4396; amended to be effective June 13, 2010, 35 TexReg 4708; amended to be effective March 3, 2013, 38 TexReg 1184; amended to be effective November 23, 2014, 39 TexReg 9009 |