1. (a) An architectural plan or specification for a new building constructed and owned by a public entity where the total projected building construction costs at the commencement of construction exceed $100,000 shall be prepared by an Architect or under the Supervision and Control of an Architect if the building is intended for any of the following uses:

   1. (1) education: the use of a building at any time for instructional purposes;
   2. (2) assembly: the use of a building for the gathering together of persons for purposes such as civic, social, or religious functions or for recreation, food or drink consumption, or awaiting transportation; or
   3. (3) office occupancy: the use of a building for business, professional, or service transactions or activities.

2. (b) An architectural plan or specification for an alteration or addition to an existing building owned by a public entity shall be prepared by an Architect or under the Supervision and Control of an Architect if:

   1. (1) the total projected building construction costs at the commencement of construction exceed $50,000;
   2. (2) the alteration or addition requires the removal, relocation, or addition of a wall or partition or the alteration or addition of an exit; and
   3. (3) the building is intended for any of the uses listed in subsection (a) of this section.
3. (c) For purposes of §1051.703(b), of the Texas Occupations Code, designation as the "prime design professional" does not expand, limit, or otherwise alter the scope of a design professional's practice nor does it allow a design professional to fulfill the requirements of §1051.703(a) of the Texas Occupations Code.

Source Note:The provisions of this §1.212 adopted to be effective March 16, 1990, 15 TexReg 1151; amended to be effective August 3, 2000, 25 TexReg 7161; amended to be effective July 5, 2004, 29 TexReg 6280; amended to be effective July 18, 2007, 32 TexReg 4395.