Amend HB 2337 on third reading by striking all below the
enacting clause and substituting the following:
SECTION 1. Section 1(b), Chapter 457, Acts of the 61st
Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
Civil Statutes), is amended to read as follows:
(b) "Landscape architecture":
(1) means the art and science of landscape analysis,
landscape planning and landscape design;
(2) includes the performance of professional services
such as consultation, investigation, research, the preparation of
general development and detailed site design plans, the preparation
of studies, the preparation of specifications, and responsible
supervision related to the development of landscape areas for:
(A) the planning, preservation, enhancement, and
arrangement of land forms, natural systems, features, and
plantings, including ground and water forms;
(B) the planning and design of vegetation,
circulation, walks, and other landscape features to fulfill
aesthetic and functional requirements;
(C) the formulation of graphic and written
criteria to govern the planning and design of landscape
construction development programs, including:
(i) the preparation, review, and analysis
of master and site plans for landscape use and development;
(ii) the analysis of environmental,
physical, and social considerations related to land use;
(iii) the preparation of drawings,
construction documents, and specifications; and
(iv) construction observation;
(D) design coordination and review of technical
submissions, plans, and construction documents prepared by persons
working under the direction of the landscape architect;
(E) the preparation of feasibility studies,
statements of probable construction costs, and reports and site
selection for landscape development and preservation;
(F) the integration, site analysis, and
determination of the location of buildings, structures, and
circulation and environmental systems;
(G) the analysis and design of:
(i) site landscape grading and drainage;
(ii) systems for landscape erosion and
sediment control; and
(iii) trails and pedestrian walkway
systems;
(H) the planning and placement of uninhabitable
landscape structures, plants, landscape lighting, and hard surface
areas;
(I) the collaboration of landscape architects
with other professionals in the design of roads, bridges, and
structures regarding the functional, environmental, and aesthetic
requirements of the areas in which they are to be placed; and
(J) field observation of landscape site
construction, revegetation, and maintenance; and <performance of
professional services such as consultation, investigation,
research, preparation of general development and detailed design
plans, studies, specifications, and responsible supervision in
connection with the development of land areas where, and to the
extent that, the principal purpose of such service is to arrange
and modify the effects of natural scenery for aesthetic effect,
considering the use to which the land is to be put. Such services
concern the arrangement of natural forms, features, and plantings,
including the ground and water forms, vegetation, circulation,
walks, and other landscape features to fulfill aesthetic and
functional requirements but shall>
(3) does not include:
(A) traffic, roadway, or pavement engineering;
(B) the design of utilities;
(C) the engineering or study of hydrologic
management of stormwater systems or floodplains;
(D) the making of final plats; or
(E) any services or functions within the
definition of the practice of engineering, public surveying, or
architecture as defined by the laws of this state.
SECTION 2. Section 2, Chapter 457, Acts of the 61st
Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
Civil Statutes), is amended to read as follows:
Sec. 2. PRACTICE OF LANDSCAPE ARCHITECTURE; ACCEPTANCE OF
ASSIGNMENTS <EXEMPTIONS>. (a) A person may not engage in the
practice of landscape architecture unless the person holds a
certificate of registration under this article or the person:
(1) holds a license or permit issued by the Department
of Agriculture, if that license or permit authorizes the person to
engage in the business of selling nursery stock in this state,
except as provided by Section 2A of this Act;
(2) is a building designer, except as provided by
Section 2A of this Act;
(3) is a landscape contractor, except as provided by
Section 2A of this Act;
(4) is a landscape designer, except as provided by
Section 2A of this Act;
(5) is a golf course designer or planner involved in
services such as consultation, investigation, reconnaissance,
research, design, preparation of drawings and specifications, and
supervision, if the dominant purpose of the service is golf course
design or planning;
(6) makes a plan, drawing, or specification for
personal use, if the plan, drawing, or specification is for
property that is owned by that person;
(7) makes a plan, drawing, or specification for a
single family residence;
(8) is engaged in the location, arrangement, and
design of any tangible objects and features that are incidental and
necessary to landscape development, preservation, and aesthetic and
functional enhancement, if that engagement is for:
(A) the design of structures or facilities with
separate and self-contained purposes that are ordinarily included
in the practice of engineering or architecture; or
(B) the making of land surveys for official
approval or recording; or
(9) is licensed in this state to practice:
(A) architecture;
(B) engineering; or
(C) land surveying <The provisions of this Act
do not apply to nor affect laws relating to a professional
engineer, building designer, land surveyor, nurseryman, or an
architect (except landscape architect), respectively>.
(b) A person described by Subsection (a) may not use the
term "landscape architect," "landscape architectural," "landscape
architecture," or any similar term, to describe the person or the
services the person provides unless the person holds a certificate
of registration under this article <Every agriculturist,
agronomist, horticulturist, forester, gardener, contract gardener,
garden or lawn caretaker, nurseryman, grader or cultivator of land
and any person making plans for property owned by himself is exempt
from registration under the provisions of this Act, provided
however, none of the foregoing shall use the title or term
"landscape architect" in any sign, card, listing, or advertisement
or represent himself to be a "landscape architect" without
complying with the provisions of this Act>.
(c) A landscape architect may not accept an assignment to
engage in the practice of landscape architecture unless:
(1) the landscape architect is qualified by education,
examination, or experience to adequately and competently perform
the assignment; or
(2) the part of the assignment for which the landscape
architect is not qualified is to be performed by persons who are
qualified, if the landscape architect is not qualified to perform
that part of the assignment.
SECTION 3. Chapter 457, Acts of the 61st Legislature, Regular
Session, 1969 (Article 249c, Vernon's Texas Civil Statutes), is
amended by adding Section 2A to read as follows:
Sec. 2A. BUILDING DESIGNERS, LANDSCAPE CONTRACTORS,
LANDSCAPE DESIGNERS, AND NURSERYMEN. A building designer, landscape
contractor, landscape designer, or nurseryman may prepare a
landscape plan or drawing, but may not make a plant or revegetation
plan, drawing, or specification that:
(1) is for property that is larger than one acre;
(2) includes a pathway or vehicular circulation system
accessible by the public; or
(3) adversely affects the public's health, safety, and
welfare.
SECTION 4. Section 5(a), Chapter 457, Acts of the 61st
Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
Civil Statutes), is amended to read as follows:
(a) <No person shall represent himself as a landscape
architect, as defined herein, unless such person holds a
certificate of registration as a landscape architect issued by the
board.> A person must satisfactorily pass the examination as may
be prescribed by the board to be registered as provided herein.
Any person who has graduated from a landscape architectural
educational program recognized and approved by the board and has
had satisfactory experience in landscape architecture as required
by rules adopted by the board may apply for examination. The
application must be accompanied by a registration fee, set by the
board in an amount that is reasonable and necessary to defray
administrative costs. The examination shall be approved by the
members of the board and shall be given by the board at its office
in Austin, Travis County, Texas, or such other place as the board
may determine or designate. The scope of the examination and the
methods of procedure shall be prescribed by the board with special
reference to the applicant's ability which will insure safety to
the public welfare and property rights.
SECTION 5. This Act takes effect September 1, 2001.