The following words, terms, and acronyms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) The Act--The Architects' Registration Law.
2. (2) Actual Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.
3. (3) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.
4. (4) APA--Administrative Procedure Act
5. (5) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.
6. (6) Architect--An individual who holds a valid Texas architectural registration certificate granted by the Board.
7. (7) Architect of Record--An Architect who has submitted an affidavit confirming that the Architect is employed on a full-time basis by or, pursuant to §1.122, associated with a business entity that offers or provides architectural services in Texas. The Architect of Record for a business entity shall be responsible for answering or designating another individual to answer inquiries of the Board concerning matters under the jurisdiction of the Board which are related to the business entity's Practice of Architecture.
8. (8) Architect Registration Examination (ARE)--The standardized test that a Candidate must pass in order to obtain a valid Texas architectural registration certificate.
9. (9) 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.
10. (10) Architects' Registration Law--Article 249a, Vernon's Texas Civil Statutes, and Chapter 1051, Texas Occupations Code.
11. (11) Architectural Barriers Act--Article 9102, Vernon's Texas Civil Statutes.
12. (12) Architectural Intern--An individual enrolled in the Intern Development Program (IDP).
13. (13) ARE--Architect Registration Examination.
14. (14) AREFAF--Architect Registration Examination Financial Assistance Fund.
15. (15) Authorship--The state of having personally created something.
16. (16) 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.
17. (17) Board--Texas Board of Architectural Examiners.
18. (18) Candidate--An Applicant approved by the Board to take the ARE
19. (19) CEPH--Continuing Education Program Hour(s).
20. (20) Chairman--The member of the Board who serves as the Board's presiding officer.
21. (21) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents issued by an Architect for the purpose(s) of regulatory approval, permitting, and/or construction.
22. (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 Construction Documents.
23. (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. (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. (25) Council Certification--Certification granted by NCARB to architects who have satisfied certain standards related to architectural education, training, and examination.

26. (26) Delinquent--A registration status signifying that an Architect

    1. (A) has failed to remit the applicable renewal fee to the Board and
    2. (B) is no longer authorized to Practice Architecture in Texas or use any of the terms restricted by the Architects' Registration Law.
27. (27) Direct Supervision--The amount of oversight by an individual overseeing the work of another whereby the supervisor and the individual being supervised work in close proximity to one another and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.

28. (28) E-mail Directory--A listing of e-mail addresses

    1. (A) used to advertise architectural services and
    2. (B) posted on the Internet under circumstances where the Architects included in the list have control over the information included in the list.
29. (29) Emeritus Architect (or Architect Emeritus)--An honorary title that may be used by an Inactive Architect who has retired from the Practice of Architecture in Texas.
30. (30) 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.

31. (31) Good Standing--

    1. (A) a registration status signifying that an Architect is not delinquent in the payment of any fees owed to the Board or
    2. (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.
32. (32) 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.
33. (33) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.
34. (34) IDP--The Intern Development Program as administered by NCARB.
35. (35) Inactive--A registration status signifying that an Architect may not Practice Architecture in the State of Texas.
36. (36) Intern Development Program (IDP)--A comprehensive internship program established, interpreted, and enforced by NCARB.
37. (37) Intern Development Training Requirement--Architectural experience necessary for an Applicant to obtain architectural registration by examination in Texas.
38. (38) 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.
39. (39) Licensed--Registered.
40. (40) Member Board--An architectural registration board that is part of the nonprofit federation of architectural registration boards known as NCARB.
41. (41) NAAB--National Architectural Accrediting Board.
42. (42) National Architectural Accrediting Board (NAAB)--An agency that accredits architectural degree programs in the United States.
43. (43) National Council of Architectural Registration Boards (NCARB)--A nonprofit federation of architectural registration boards from fifty-five (55) states and territories of the United States.
44. (44) NCARB--National Council of Architectural Registration Boards.
45. (45) Nonregistrant--An individual who is not an Architect.
46. (46) 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.
47. (47) 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.
48. (48) Practice of Architecture--Any service or creative work, either public or private, 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 any building or buildings, or environs, to be constructed, enlarged or altered, the proper application of which requires architectural education, training, and experience.
49. (49) Principal--An architect who is responsible, either alone or with other architects, for an organization's Practice of Architecture.
50. (50) 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.
51. (51) 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 public corporation.
52. (52) Registered--Licensed.
53. (53) Registrant--Architect.
54. (54) Reinstatement--The procedure through which a cancelled, Surrendered, or revoked Texas architectural registration certificate is restored.
55. (55) Renewal--The procedure through which an Architect pays a periodic fee so that the Architect's registration certificate will continue to be effective.
56. (56) 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.
57. (57) Rules and Regulations of the Board--22 Texas Administrative Code §§1.1 et seq.
58. (58) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.
59. (59) 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.
60. (60) SOAH--State Office of Administrative Hearings.
61. (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 Texas government.

62. (62) Supervision and Control--The amount of oversight by an architect overseeing the work of another whereby

    1. (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
    2. (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. (63) Supplemental Document--A document that modifies or adds to the technical architectural content of an existing Construction Document.
64. (64) Surrender--The act of relinquishing a Texas architectural registration certificate along with all privileges associated with the certificate.
65. (65) TBAE--Texas Board of Architectural Examiners.
66. (66) TDLR--Texas Department of Licensing and Regulation.
67. (67) Texas Department of Licensing and Regulation (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.
68. (68) Texas Guaranteed Student Loan Corporation (TGSLC)--A public, nonprofit corporation that administers the Federal Family Education Loan Program.
69. (69) TGSLC--Texas Guaranteed Student Loan Corporation.
70. (70) Vice-Chairman--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chairman, serves as the Board's presiding officer. If necessary, the Vice-Chairman succeeds the Chairman until a new Chairman is appointed.

Source Note:The provisions of this §1.5 adopted to be effective March 17, 1988, 13 TexReg 1137; amended to be effective March 16, 1990, 15 TexReg 1149; amended to be effective February 8, 1991, 16 TexReg 456; amended to be effective December 6, 1995, 20 TexReg 9845; amended to be effective June 30, 1997, 22 TexReg 5920; amended to be effective April 5, 2000, 25 TexReg 2807; amended to be effectie February 27, 2001, 26 TexReg 1708; amended to be effective March 6, 2003, 28 TexReg 1864.