22 Tex. Admin. Code § 5.5
Terms Defined Herein
Effective Dec 14, 200833 TexReg 10160Source Note: The provisions of this §5.5 adopted to be effective May 4, 1992, 17 TexReg 2860; amended to be effective December 6, 1995, 20 TexReg 9847; amended to be effective June 30, 1997, 22 TexReg 5922; amended to be effective April 5, 2000, 25 TexReg 2814; amended to be effective February 27, 2001, 26 TexReg 1723; amended to be effective March 6, 2003, 28 TexReg 1878; amended to be effective March 30, 2006, 31 TexReg 2455; amended to be effective September 19, 2006, 31 TexReg 7995; amended Texas Secretary of State
The following words, terms, and acronyms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) The Act--The Interior Designers' Registration Law.
- (2) Actual Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.
- (3) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.
- (4) APA--Administrative Procedure Act.
- (5) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.
- (6) Architectural Interior Construction--A building project that involves only the inside elements of a building and, in order to be completed, necessitates the "practice of architecture" as that term is defined in 22 Texas Administrative Code §1.5.
- (7) Authorship--The state of having personally created something.
- (8) Barrier-Free Design--The design of a facility or the design of an alteration of 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.
- (9) Board--Texas Board of Architectural Examiners.
- (10) Cancel, Cancellation, or Cancelled--The termination of a Texas interior design registration certificate by operation of law two years after it expires without renewal by the certificate-holder.
- (11) Candidate--An Applicant approved by the Board to take the interior design registration examination.
- (12) CEPH--Continuing Education Program Hour(s).
- (13) Chair--The member of the Board who serves as the Board's presiding officer.
- (14) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents issued by an Interior Designer for the purpose(s) of Regulatory Approval, permitting, or construction.
- (15) Consultant--An individual retained by an Interior Designer who prepares or assists in the preparation of technical design documents issued by the Interior Designer for use in connection with the Interior Designer's Construction Documents.
- (16) 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 hearings.
- (17) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.
(18) Delinquent--A registration status signifying that an Interior Designer
- (A) has failed to remit the applicable renewal fee to the Board and
- (B) is no longer authorized to use the title "interior designer" or the term "interior design" in Texas.
- (19) 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.
(20) E-mail Directory--A listing of e-mail addresses
- (A) used to advertise interior design services and
- (B) posted on the Internet under circumstances where the Interior Designers included in the list have control over the information included in the list.
- (21) Emeritus Interior Designer (or Interior Designer Emeritus)--An honorary title that may be used by an Interior Designer who has retired from the practice of Interior Design in Texas pursuant to §1053.156 of the Texas Occupations Code.
- (22) 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 systems.
- (23) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed interior design project from a technical interior design standpoint.
- (24) FIDER--Foundation for Interior Design Education Research.
- (25) Foundation for Interior Design Education Research (FIDER)--An agency that sets standards for postsecondary interior design education and evaluates college and university interior design programs.
(26) Good Standing--
- (A) a registration status signifying that an Interior Designer 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 interior design registration board that would provide a ground for the denial of the application for interior design registration in Texas.
- (27) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.
- (28) Inactive--A registration status signifying that an Interior Designer may not practice Interior Design in the State of Texas.
- (29) Interior Design--The identification, research, or development of creative solutions to problems relating to the function or quality of the interior environment; the performance of services relating to interior spaces, including programming, design analysis, space planning of non-load-bearing interior construction, and application of aesthetic principles, by using specialized knowledge of interior construction, building codes, equipment, materials, or furnishings; or the preparation of interior design plans, specifications, or related documents about the design of non-load-bearing interior spaces.
- (30) Interior Designer--An individual who holds a valid Texas interior design registration certificate granted by the Board.
- (31) Interior Designers' Registration Law--Article 249e, Vernon's Texas Civil Statutes, and Chapter 1053, Texas Occupations Code.
- (32) Interior Design Intern--An individual participating in an internship to complete the experiential requirements for interior design registration by examination in Texas.
- (33) Licensed--Registered.
- (34) Member Board--An interior design registration board that is part of NCIDQ.
- (35) National Council for Interior Design Qualification (NCIDQ)--A nonprofit organization of state and provincial interior design regulatory agencies and national organizations whose membership is made up in total or in part of interior designers.
- (36) NCIDQ--National Council for Interior Design Qualification.
- (37) Nonregistrant--An individual who is not an Interior Designer.
- (38) Principal--An Interior Designer who is responsible, either alone or with other Interior Designers, for an organization's practice of Interior Design.
- (39) Registrant--Interior Designer.
- (40) Regulatory Approval--The approval of Construction Documents by a Governmental Entity after a review of the Interior Design content of the Construction Documents as a prerequisite to construction or occupation of a building or facility.
- (41) Reinstatement--The procedure through which a Surrendered or Revoked Texas interior design registration certificate is restored.
- (42) Renewal--The procedure through which an Interior Designer pays a periodic fee so that the Interior Designer's registration certificate will continue to be effective.
- (43) 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 interior designers applying the applicable interior design standard of care.
- (44) Revocation or Revoked--The termination of a Texas interior design registration certificate by the Board.
- (45) Rules and Regulations of the Board--22 Texas Administrative Code §§5.1 et seq.
- (46) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.
- (47) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes from each Board meeting and maintaining the record of Board members' attendance at Board meetings.
- (48) SOAH--State Office of Administrative Hearings.
- (49) 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.
(50) Supervision and Control--The amount of oversight by an interior designer overseeing the work of another whereby
- (A) the interior designer and the individual performing the work can document frequent and detailed communication with one another and the interior designer has both control over and detailed professional knowledge of the work; or
- (B) the interior designer is in Responsible Charge of the work and the individual performing the work is employed by the interior designer or by the interior designer's employer.
- (51) Supplemental Document--A document that modifies or adds to the technical interior design content of an existing Construction Document.
- (52) Surrender--The act of relinquishing a Texas interior design registration certificate along with all privileges associated with the certificate.
- (53) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure development during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.
- (54) Table of Equivalents for Education and Experience in Interior Design--22 Texas Administrative Code §§5.201 et seq. (Sections 5.201 - 5.203 of this Chapter).
- (55) TBAE--Texas Board of Architectural Examiners.
- (56) TDLR--Texas Department of Licensing and Regulation.
- (57) Texas Department of Licensing and Regulation (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.
- (58) Texas Guaranteed Student Loan Corporation (TGSLC)--A public, nonprofit corporation that administers the Federal Family Education Loan Program.
- (59) TGSLC--Texas Guaranteed Student Loan Corporation.
- (60) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.
Source Note:The provisions of this §5.5 adopted to be effective May 4, 1992, 17 TexReg 2860; amended to be effective December 6, 1995, 20 TexReg 9847; amended to be effective June 30, 1997, 22 TexReg 5922; amended to be effective April 5, 2000, 25 TexReg 2814; amended to be effective February 27, 2001, 26 TexReg 1723; amended to be effective March 6, 2003, 28 TexReg 1878; amended to be effective March 30, 2006, 31 TexReg 2455; amended to be effective September 19, 2006, 31 TexReg 7995; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective December 14, 2008, 33 TexReg 10160.