SRC-TBR C.S.H.B. 2337 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2337
By: Goolsby (Shapiro)
Business & Commerce
5/11/2001
Committee Report (Substituted)


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. C.S.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 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 4.  Provides that the legislature intends that this Act does not
prohibit a building designer, landscape contractor, landscape contractor,
landscape designer, or nurseryman from performing any  actions which each
person had the authority to perform as of May 28, 2001. 

SECTION 5.  Provides that the provisions of this Act are not severable and
would not have been enacted without the others.  Provides that if any
provision of this Act is invalid, each provision is invalid. 

SECTION 6.  Effective date: September 1, 2001.