Acronymns ASID – The American Society of Interior Designers – a member association, www.asid.org DSA – Designer Society of America, www.dsasociety.org IIDA – International Interior Design Association – a member association, www.iida.org. IDS – Interior Design Society, www.interiordesignsociety.org IJ – The Institute for Justice – civil liberties law firm, www.ij.org NCIDQ – National Council for Interior Design Qualifications – testing agency, www.ncidq.org NKBA – National Kitchen and Bath Association, trade association, www.nkba.org RID – Registered Interior Designer, NOT licensed, just registered TBAE – Texas Board of Architectural Examiners – state agency, www.tbae.state.tx.us. TAID – Texas Association for Interior Design – lobbying coalition representing only RIDs
1. This Texas Interior Design Laws FAQ sheet does NOT replace information supplied on The Texas Board of Architectural Examiners website nor is it legal advice. It DOES contain information from my personal experience, 10 years of legislative efforts, meetings with The Texas Sunset Advisory Commission, and testifying at committee hearings.
2. TBAE changes rules. TBAE has changed RID qualifications at least twice, but refuses to inform the public of those changes. Evidence is in the public record deposition dated May 1, 2008, of its past Executive Director. TBAE was sued by IJ and lost, admitting that consumers can’t differentiate a qualified vs. non-qualified RID from their TBAE website. TBAE still refuses to make changes critical to consumers making informed decisions about an interior designer's qualifications.
3. History-1993-1994, the Texas interior design Title Act was passed, and the majority of RIDs “grandfathered”. At that time, NO qualifications were required. Applicants simply indicated that they had worked in the “interior design” field for 5 years full time. In mid 2000’s, TBAE restricted use of the phrase, “interior designer” allowing only RIDs to use it and forcing all others to call themselves "interior decorators." The Institute of Justice sued claiming infringement of commercial free speech rights, and won. This landmark ruling forced TBAE and other state regulatory bodies select another phrase other than “interior designer”, thus the birth of “registered interior designer”.
4. There are 2 kinds of interior design laws. Title Act and Practice Act. A title act regulates a “title” only – use of phrase “registered interior designer”. Texas has a “Title Act”. You must be registered with TBAE if you wish to use the title “registered interior designer”. Title Acts do NOT regulate the practice of interior design in Texas. They regulate the title only. Registration in Texas (and 18 other states) is voluntary. Designers in Texas may freely use the phrase “interior design” or “interior designer.”
5. Practice Acts have been passed only in Nevada, Louisiana, DC and Puerto Rico. Practice Acts DO regulate the practice of interior design, by limiting design in code-based spaces (all commercial and some residential) to ONLY RIDs. If you want to practice interior design in one of the 2states mentioned above, you will have to go through their state agency and become registered.
6. During the 2013 Texas Legislative session, almost 70% of the 5,000 Texas RIDs were NOT qualified by the NCIDQ exam and did not posses any post-secondary education in interior design. New RID applicants must now have: a 4 year accredited interior design education, passage of the NCIDQ exam, AND 2 years full time internship under a current RID who is probably less qualified than the new applicant.
7. The Texas Sunset Advisory Commission recommended full deregulation in their thoughtful and carefully researched opinion, found here: https://www.sunset.texas.gov/reviews-and-reports/agencies/texas-board-architectural-examiners-tbae. Primarily due to financial considerations, the Sunset Committee did not heed the advise of its own Commission and decided to keep the Title Act in place.
8. If you are a member of ASID, IIDA, or TAID, you should know that a portion (or all) of your dues/donation go to pay lobbyists and coalitions who seek to pass a restrictive Practice Act. Public records clearly indicate which state representatives and senators receive this money. https://www.transparencyusa.org/tx/lobbying/client/texas-association-for-interior-design Reevaluate which organizations you belong to. NKBA and DSA do NOT support Practice Act legislation in any state.
Common "Red Herring" Excuses Supporting Regulation
9. Protecting the “Health, Safety and Welfare” of the public, is the most often used excuse for promoting interior design regulation. False. Numerous studies, including the Texas Sunset Advisory Commission report, indicate that there is no public outcry for regulating interior designers, and there are NO documented cases of harm from unregistered designers in residential or commercial design. Download a copy of The Institute for Justice report here https://ij.org/wp-content/uploads/2015/03/Interior-Design-Study.pdf .
10. “Codes won’t be implemented if designers are regulated”. False. Codes are implemented by any number of people on the project, including but not limited to: municipality inspectors, general contractors, suppliers/vendors, architects, engineers, building owners, lastly interior designers. In fact, when there are NO interior designers on the project, codes are still implemented.
11. “Without regulation the designer profession is dumbed down.” False. In fact, when burdensome and unnecessary regulations are lifted, the free markets and competition thrive. Designers obtain credentials because we WANT to, not because the government tells us we have to. Designers compete with each other for business, which makes all designers better. Designers have the freedom to excel and specialize, to set us apart from other designers. Consumers win. We all win.
12. “We don’t want to be confused with decorators…” It is not the government’s responsibility to affirm you as a professional. Your qualifications, education, and expertise should separate you from less qualified competition.
Common Questions Regarding Texas Interior Designers
13. “Can I practice interior design in Texas without a “license”? YES! First, Texas does not issue a license. Second, Texas has a voluntary “registration” or Title Act. Texas (TBAE) cannot and does not regulate your interior design practice.
14. How do I get involved?”
Elections have consequences. Vote Republican or Libertarian candidates who support smaller government, less regulation, and non-discriminatory laws so that burdensome interior design laws won't be enacted. If you want to remain free to work in any space, then you must get involved. Don't financially support organizations whose advocacy platform doesn't align with yours. Instead, join NKBA, IDS or DSA who support free markets, capitalism, and less government. Find your local chapter and get involved. GO to your state capital while the legislature is in session, and let them know how you feel. The Texas legislature meets every 2 years, odd only.
15. Can I use the phrase “interior designer” to market myself? YES! All across the US you may use this phrase.
Let me hear from you!
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