SRC-TBR H.B. 2337 77(R) BILL ANALYSIS Senate Research Center H.B. 2337 By: Goolsby (Shapiro) Business & Commerce 5/6/2001 Engrossed DIGEST AND PURPOSE Landscape architects are regulated by the Texas Board of Architectural Examiners (board) under a state title act. Under current law, unqualified individuals are prohibited from representing themselves as a landscape architect, but they may perform some of the same work as a landscape architect. H.B. 2337 redefines the term "landscape architecture," specifies to whom the term does not apply, and sets forth provisions for what design acts a landscape designer or nurseryman is authorized to perform without a certificate of registration as a landscape architect issued by the board. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1(b), Chapter 457, Acts of the 61st Legislature, Regular Session, 1969 (Article 249c, V.T.C.S.), to redefine "landscape architecture." SECTION 2. Amends Section 2, Chapter 457, Acts of the 61st Legislature, Regular Session, 1969 (Article 249c, V.T.C.S.), as follows: Sec. 2. New heading: PRACTICE OF LANDSCAPE ARCHITECTURE; ACCEPTANCE OF ASSIGNMENTS. (a) Prohibits a person from engaging in the practice of landscape architecture unless the person holds a certificate of registration under this article or the person meets certain requirements. (b) Prohibits a person described by Subsection (a) from using 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. (c) Prohibits a landscape architect from accepting an assignment to engage in the practice of landscape architecture unless the landscape architect is qualified by education, examination, or experience to adequately and competently perform the assignment or 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. Amends Chapter 457, Acts of the 61st Legislature, Regular Session, 1969 (Article 249c, V.T.C.S.), by adding Section 2A, as follows: Sec. 2A. BUILDING DESIGNERS, LANDSCAPE CONTRACTORS, LANDSCAPE DESIGNERS, AND NURSERYMEN. Authorizes a building designer, landscape contractor, landscape designer, or nurseryman to prepare a landscape plan or drawing, but prohibits such a person from making a plant or revegetation plan, drawing, or specification that meets certain requirements. SECTION 4. Amends Section 5(a), Chapter 457, Acts of the 61st Legislature, Regular Session, 1969 (Article 249c, V.T.C.S.), to delete language regarding representation as a landscape architect without a certificate. SECTION 5. Effective date: September 1, 2001.