The following words, terms, and acronyms, when used in this
chapter, shall have the following meanings, unless the context clearly
(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
(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
(9) Architectural Barriers Act--Texas Government Code,
(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
(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
(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
(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
(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
(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
(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.
(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
(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
(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
(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
(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
(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
(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
(64) Surrender--The act of relinquishing a Texas architectural
registration certificate along with all privileges associated with