- (a) Except with the consent of his/her client or employer after full disclosure, the architect shall not accept employment when there is a reasonable probability that the exercise of his/her professional judgment, decisions, or practices on behalf of his/her client or employer may be affected by his/her own financial, business, property, or personal interests.
- (b) The architect shall avoid all conflicts of interests with his/her client or employer, but when a conflict of interest is unavoidable, the architect shall promptly inform his/her client or employer of any business association, interest, or circumstances which might tend to influence his/her professional judgments, decisions, or practices, or the quality of his/her services.
- (c) The architect shall not accept compensation, material favors, or benefits of any substantial nature, financial or otherwise, from more than one party for services on the same project or assignment, or for services pertaining to the same project or assignment, unless the circumstances are fully disclosed to all interested parties. The phrase "benefits of any substantial nature" is defined to mean any act, article, money, or other material possession which is of such value or proportion that its acceptance creates a clandestine obligation on the part of the receiver or otherwise compromises his/her ability to exercise his/her own judgment, without regard to such benefit.
- (d) The architect shall not solicit or accept, directly or indirectly, any financial or other valuable considerations, material favors, or benefits of any substantial nature from any supplier of materials or equipment for any project on which he/she is performing or has contracted to perform architectural services.
- (e) The architect shall not solicit or accept any gratuity, material favor or benefits of any substantial nature, directly or indirectly, from contractors, their agents, servants, or employees, or from any other party dealing with his/her client or employer in connection with any project on which he/she is performing or has contracted to perform architectural services.
- (f) When in public service as a member or employee of any governmental body, agency, or department, the architect shall not, directly or indirectly, use or make use of any property, facility, or service of such governmental body, agency, or department for the benefit of any private business or activity in which such architect also may be engaged, unless prior, proper authority is obtained in writing.
- (g) When in private practice or employment the architect shall not, directly or indirectly, make use of any property, facility, or service of his/her client or employer for the benefit of said architect, unless prior, proper authority is obtained in writing.
(h) The architect shall submit to a client only that work (plans, specifications, reports, etc.) done by him/her or under his/her responsible supervision; however, an architect, as a third party, may complete, correct, revise, or add to the work of another architect when engaged to do so by a client, provided:
- (1) the client furnishes the documentation of such work submitted to him/her by the first architect;
- (2) the first architect is notified in writing by the second architect of the engagement referred to in paragraph (1) of this subsection immediately upon acceptance of the engagement; and
- (3) any work completed, corrected, revised, or added to shall have a seal affixed by and become the responsibility of the second architect.
Source Note:The provisions of this §1.143 adopted to be effective September 19, 1996, 21 TexReg 8662.