TEXAS BOARD OF ARCHITECTURAL EXAMINERS

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					`TEXAS BOARD OF ARCHITECTURAL EXAMINERS Agenda June 25-26, 2009 Board Meeting, 9:00 a.m. The William P. Hobby Jr. Building, 333 Guadalupe St. Tower II, Conference Room 500 Austin, TX 78701

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Preliminary Matters A. Call to order B. Roll call – Lew Vassberg, Secretary/Treasurer C. Excused and unexcused absences E. Determination of a quorum F. Recognition of guests G. Proclamation for retirement of TBAE staff member Echo Bacon H. Proclamation for retirement of TBAE staff attorney Charles W. Schiesser I. Chair’s opening remarks (1) Introduce new Board members (a) Chase Bearden, Austin (b) Bert Mijares, Jr., El Paso J. Consideration of Minutes: (1) Minutes from January 29-30, 2009 Meeting (2) Comments K. Public Comment Election of Officers and Appointment of Committees for 2009 (1) TBAE Vice-Chairman (2) TBAE Secretary-Treasurer (3) Rules Committee (4) Executive Director Review Committee (5) Executive Committee (6) Joint Advisory Committee on the Practices of Engineering, Architecture and Landscape Architecture (JAC) Administrative Matters A. Changes in the Board Meeting Administration – explain staff changes B. Executive Director Review Committee report – Alfred Vidaurri, Jr. C. Executive Director Report – Cathy L. Hendricks (1) Pending litigation (a) Vickee Byrum v. TBAE (b) TSPE v. TBAE (2) Self-Directed Semi-Independent agency update

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The Board may meet in closed session to confer with legal counsel (see note below) regarding pending litigation pursuant to TEX. GOV’T CODE ANN. §551.071(1) (3) Legislative update (a) Revision to interior designer title restriction – HB1484

NOTE: THE BOARD MAY GO INTO CLOSED EXECUTIVE SESSION REGARDING ANY ITEM ON THE AGENDA IF PERMITTED UNDER THE OPEN MEETINGS ACT, GOVERNMENT CODE CHAPTER 551

(b)

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(d) (e)

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Amendments to include landscape architecture to qualificationbased selection procurement process under the Professional Services Procurement Act - HB2820 Revisions to statute requiring a certificate of merit to bring certain lawsuits against architects and engineers; expanding statute to apply to lawsuits against landscape architects – SB1201 Amendment to the statute of repose for lawsuits against design professionals- SB2141 Amendment to Architectural Barriers Act allowing submission of plans and specifications for accessibility review up to 20 days after issuance – HB1055 Consideration of criminal history of potential licensees – preliminary evaluation of criminal history and provisional licensure – HB963

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Deputy Director Report – Priscilla Pipho (1) Fiscal Year 2009 Budget update (2) Update on Comptroller Audit-Post payment Audit (3) Update on State Auditor’s Audit

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Communications Manager Report – Glenn Garry Update on Communication activities since last board meeting General Counsel Report - Scott Gibson (1) Consideration of public comment and adoption of proposed rules (a) Amend Rules 1.5, 3.5, 5.5 to make technical corrections to the term “construction documents” (b) Amend Rules 1.43, 3.43, and 5.53 to allow for the granting of an extension of the 5-year deadline to complete a registration examination for the birth or adoption of a child (c) Revisions to Subchapter I, relating to procedures for conducting disciplinary actions against architects, landscape architects and interior designers (2) Consideration of prospective rule amendments for proposal (a) Amend Rules 5.131, 5.133, and 5.134 to change from “interior designer” to “registered interior designer” the title which is restricted to interior designers registered by the Board to implement recent legislation (b) Amend Rule 5.5 to revise the definitions of the terms “interior designer,” “nonregistrant,” and “registrant” to implement restrictions upon the title “registered interior designer” enacted by recent legislation and to include references to the Council for Interior Design Accreditation (c) Amend Rule 7.10(b) relating to fees to eliminate specific fees charged by examination providers and consider alterations to fees charged for cost recovery Enforcement Cases Agreed Settlements of Non-Registrant Cases Presented by Michael Shirk (Managing Litigator)
NOTE: THE BOARD MAY GO INTO CLOSED EXECUTIVE SESSION REGARDING ANY ITEM ON THE AGENDA IF PERMITTED UNDER THE OPEN MEETINGS ACT, GOVERNMENT CODE CHAPTER 551

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(1) (2) (3)

Stephen Brett Carter (#140-08N) (Non-Registrant Architect Violation) Jackie Depew (#133-08I) (Interior Designer Violation) Israel Pena (#207-08N) (Non-Registrant Architect Violation)

Agreed Settlements of Registrant Cases Presented by Charles Schiesser (1) Thomas E. Batenhorst (#114-09I) (Continuing Education Violation) (2) Steven H. Brodie (#104-09A) (Continuing Education Violation) (3) Truth A. Camina (#101-09I) (Continuing Education Violation) (4) Kent M. Farrar (#045-09L) (Continuing Education Violation) (5) George Garcia (#073-09A) (TDLR Violation) (6) Lloyd A. Hart (#091-09A) (Continuing Education Violation) (7) Bryan F. Horn (#090-09A) (Continuing Education Violation) (8) Victor Hugo Salas (#239-08I) (Continuing Education Violation) (9) John Paul Schoenfield (#018-09A) (TDLR Violation) (10) Richard S. Thompson (#103-09L) (Continuing Education Violation) (11) Machelle Treanor (#100-09I) (Continuing Education Violation) 8. Managing Investigator Report – Jack W. Stamps (1) Enforcement Case Activity Report (2) Investigations Case Load History (3) Investigations Case Load History Comparison (4) Public Inquiry Charts Director of Registration Report – Mary Helmcamp (1) ARE Transition (2) IDP 2.0 (3) Continuing Education (4) CLARB Regional Test Center (5) Public Inquiry Chart Report on conferences and meetings – Cathy Hendricks (1) Prior conferences and meetings (a) Council of Landscape Architectural Registration Boards (CLARB) 2009 Spring Meeting, February 27-28, 2009, Charleston, SC (b) Region 3 National Council of Architectural Registration Boards (NCARB), March 18-22, 2009, Savannah, GA (c) National Council of Architectural Registration Boards (NCARB) Member Board Executives, June 17-21, 2009, Chicago, IL (2) Future conferences and meetings (a) Council of Landscape Architectural Registration Boards (CLARB), September 10-12, 2009, Seattle Washington (b) NCARB MBE Meeting, November 6-7, 2009, Washington, DC (c) NCIDQ Annual Council of Delegates Meeting, November 13-14, 2009, San Antonio, Texas (3) Future board meetings August 21, 2009 October 15-16, 2009
NOTE: THE BOARD MAY GO INTO CLOSED EXECUTIVE SESSION REGARDING ANY ITEM ON THE AGENDA IF PERMITTED UNDER THE OPEN MEETINGS ACT, GOVERNMENT CODE CHAPTER 551

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January 28-29, 2010 May 13-14, 2010 11 12. Chair’s Closing Remarks Adjournment

AIA - American Institute of Architects ASID – American Society of Interior Designers ASLA - American Society of Landscape Architects ARE Architect Registration Examination BOAT - Building Officials Association of Texas CACB – Canadian Architectural Certification Board CLARB - Council of Landscape Architectural Registration Boards IDEC Interior Design Educators Council IDCEC - Interior Design Continuing Education Council JAC Joint Advisory Committee Sub-JAC – Task Force of Joint Advisory Committee LARE – Landscape Architect Registration Examination (L.A.R.E.) NCIDQ - National Council for Interior Design Qualification NCARB - National Council of Architectural Registration Boards NAAB - National Architectural Accreditation Board TAID – Texas Association of Interior Designers TASB- Texas Association of School Boards TBPE – Texas Board of Professional Engineers TSA – Texas Society of Architects TSPE – Texas Society of Professional Engineers

NOTE: THE BOARD MAY GO INTO CLOSED EXECUTIVE SESSION REGARDING ANY ITEM ON THE AGENDA IF PERMITTED UNDER THE OPEN MEETINGS ACT, GOVERNMENT CODE CHAPTER 551