22 Tex. Admin. Code § 1.144 - Dishonest Practice
(a) An Architect
may not directly or indirectly perform an act, omit an act or allow an
omission, make an assertion, or otherwise engage in a practice with the intent
to:
(1) defraud;
(2) deceive; or
(3) create a misleading impression.
(b) An Architect may not advertise
in a manner which is false, misleading, or deceptive.
(c) An Architect may not directly or
indirectly solicit, offer, give, or receive anything or any service of
significant value as an inducement or reward to secure any specific publicly
funded architectural work. An Architect may not give architectural plans,
design services, pre-bond referendum services, or any other goods or services
of significant value to a governmental entity in response to a request for
qualifications, a request for proposals, or otherwise during the process to
select an Architect to render publicly funded architectural work. The term
"significant value" means any act, article, money, or other material
consideration which is of such value or proportion that its offer or acceptance
would affect the governmental entity's selection of an Architect or would
create the appearance of an obligation or bias on the part of the governmental
entity to select the Architect to perform the architectural work.
(d) An Architect serving as an expert witness
is subject to discipline for committing a dishonest practice upon a finding by
a court of law that the Architect:
(1)
rendered testimony the Architect has actual knowledge is false; or
(2) agreed to receive payment contingent upon
giving testimony that expresses a particular opinion.
(e) For purposes of this section, an
Architect's conduct is intentional, or with intent, if the nature of the
conduct or a reasonable result of the conduct demonstrates a conscious
objective or desire to engage in the conduct or cause the result. An
Architect's conduct is knowing or with knowledge, with respect to the nature of
the conduct or to circumstances surrounding the conduct when a reasonably
prudent Architect in the same or similar circumstances would be aware of the
nature of the conduct or that the circumstances exist. An Architect acts
knowingly, or with knowledge, with respect to a result of the Architect's
conduct when a reasonably prudent Architect would be aware of the conduct and
the conduct is reasonably certain to cause the result. An Architect's intent or
knowledge may be established by circumstantial evidence.
Notes
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