Tuesday, August 16, 2011

Advocacy Update

David Lancaster, Hon. AIA
Senior Manager of Advocacy
Texas Society of Architects

On August 3, the 3rd Court of Appeals (Austin) affirmed the Legislature’s wisdom in clarifying the architectural and engineering practice acts in passing HB 2284. The Appeals Court “noted and affirmed” the district court’s ruling that “remanded the case to the Architecture Board for further proceedings and receipt of expert testimony, holding that the record is insufficient to determine whether the plans and specifications at issue constituted the practice of architecture, engineering, or both.”

In affirming the district court’s decision – something that both sides had claimed as a win – it is clear that disputes over responsibility and overlap could have continued to consume resources without any definitive resolution or closure to the broad dispute. HB 2284 clearly distinguishes between the practice of architecture and the practice of engineering, and plainly identifies areas of overlap between the two professions. It offers clarity where, in the past, ambiguity led to disputes between the two professions regarding responsibility and overlap.

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