1. (a) An Architect who forms a business association, either formally or informally, to jointly offer architectural services with any individual who is not a duly registered Texas Architect or bona fide employee working in the same firm where the Architect is employed or with any group of individuals who are not duly registered Texas Architects shall, prior to offering architectural services on behalf of the business association, enter into a written agreement of association with the nonregistrant(s) whereby the Architect agrees to be responsible for the preparation of all Construction Documents prepared and issued for use in Texas pursuant to the agreement of association. All Construction Documents prepared and issued for use in Texas pursuant to the agreement of association shall be prepared by the Architect or under the Architect's Supervision and Control unless the Construction Documents are prepared and issued as described in subsection (e) of this section.

2. (b) The written agreement of association shall be signed by all parties to the agreement. In addition to the provisions of subsection (a) of this section, the written agreement of association shall contain the following:

   1. (1) The date when the agreement to associate is effective and the approximate date when the association will be dissolved if such association is not to be a continuing relationship. If the association is to be a continuing relationship, that fact shall be so noted in the agreement. If the association is only for one project, the project shall be identified in the agreement of association by listing both the client's and the project's names and addresses.
   2. (2) The name, address, telephone number, registration number, and signature of each Architect who has agreed to associate with the nonregistrant(s).
   3. (3) The name, address, telephone number, and signature of each nonregistrant with whom the Architect has agreed to associate.
3. (c) All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.
4. (d) Paper or microform copies of all Construction Documents resulting from the association, together with the written agreement of association, shall be retained by the Architect who sealed them and made available for review by the Board for ten (10) years from the date of substantial completion of each project.
5. (e) If, pursuant to Section 14.2 of the Act, a Texas Architect associates with a person who is not a Texas Architect but is duly registered as an architect in another jurisdiction and does not maintain or open an office in Texas, The Texas Architect shall, at a minimum, exercise Responsible Charge over the preparation of all Construction Documents issued for use in Texas as a result of the association. The Texas Architect shall seal, sign, and date all Construction Documents issued for use in Texas as a result of the association in the same manner as if the Architect had prepared the Construction Documents or they had been prepared under the Architect's Supervision and Control. The requirements of subsections (a), (b), and (d) of this section also must be satisfied. For purposes of subsections (a) and (b), the term "nonregistrant" shall include the non-Texas architect. The requirements of this subsection must be satisfied regardless of whether the Texas Architect or the non-Texas architect acts as the "consultant" as that term is used in Section 14.2 of the Act.

Source Note:The provisions of this §1.122 adopted to be effective February 27, 2001, 26 TexReg 1710.