By Goolsby                                            H.B. No. 2337
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the practice of landscape architecture.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 1(b), Chapter 457, Acts of the 61st
 1-5     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
 1-6     Civil Statutes), is amended to read as follows:
 1-7           (b)  "Landscape architecture":
 1-8                 (1)  means the art and science of landscape analysis,
 1-9     landscape planning, and landscape design;
1-10                 (2)  includes the performance of professional services
1-11     such as consultation, investigation, research, the preparation of
1-12     general development and detailed site design plans, the preparation
1-13     of studies, the preparation of specifications, and responsible
1-14     supervision related to the development of landscape areas for:
1-15                       (A)  the planning, preservation, enhancement, and
1-16     arrangement of land forms, natural systems, features, and
1-17     plantings, including ground and water forms;
1-18                       (B)  the planning and design of vegetation,
1-19     circulation, walks, and other landscape features to fulfill
1-20     aesthetic and functional requirements;
1-21                       (C)  the formulation of graphic and written
1-22     criteria to govern the planning and design of landscape
1-23     construction development programs, including:
1-24                             (i)  the preparation, review, and analysis
 2-1     of master and site plans for landscape use and development;
 2-2                             (ii)  the analysis of environmental,
 2-3     physical, and social considerations related to land use;
 2-4                             (iii)  the preparation of drawings,
 2-5     construction documents, and specifications; and
 2-6                             (iv)  construction observation;
 2-7                       (D)  design coordination and review of technical
 2-8     submissions, plans, and construction documents prepared by persons
 2-9     working under the direction of the landscape architect;
2-10                       (E)  the preparation of feasibility studies,
2-11     statements of probable construction costs, and reports and site
2-12     selection for landscape development and preservation;
2-13                       (F)  the integration, site analysis, and
2-14     determination of the location of buildings, structures, and
2-15     circulation and environmental systems;
2-16                       (G)  the analysis and design of:
2-17                             (i)  site landscape grading and drainage;
2-18                             (ii)  systems for landscape erosion and
2-19     sediment control; and
2-20                             (iii)  trails and pedestrian walkway
2-21     systems;
2-22                       (H)  the planning and placement of uninhabitable
2-23     landscape structures, plants, landscape lighting, and hard surface
2-24     areas;
2-25                       (I)  the collaboration of landscape architects
2-26     with other professionals in the design of roads, bridges, and
2-27     structures regarding the functional, environmental, and aesthetic
 3-1     requirements of the areas in which they are to be placed; and
 3-2                       (J)  field observation of landscape site
 3-3     construction, revegetation, and maintenance; and
 3-4                 (3)  does [performance of professional services such as
 3-5     consultation, investigation, research, preparation of general
 3-6     development and detailed design plans, studies, specifications, and
 3-7     responsible supervision in connection with the development of land
 3-8     areas where, and to the extent that, the principal purpose of such
 3-9     service is to arrange and modify the effects of natural scenery for
3-10     aesthetic effect, considering the use to which the land is to be
3-11     put.  Such services concern the arrangement of natural forms,
3-12     features, and plantings, including the ground and water forms,
3-13     vegetation, circulation, walks, and other landscape features to
3-14     fulfill aesthetic and functional requirements but shall] not
3-15     include:
3-16                       (A)  traffic, roadway, or pavement engineering;
3-17                       (B)  the design of utilities;
3-18                       (C)  the engineering or study of hydrologic
3-19     management of stormwater systems or floodplains;
3-20                       (D)  the making of final plats; or
3-21                       (E)  any services or functions within the
3-22     definition of the practice of engineering, public surveying, or
3-23     architecture as defined by the laws of this state.
3-24           SECTION 2. Section 2, Chapter 457, Acts of the 61st
3-25     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
3-26     Civil Statutes), is amended to read as follows:
3-27           Sec. 2.  PRACTICE OF LANDSCAPE ARCHITECTURE; ACCEPTANCE OF
 4-1     ASSIGNMENTS [EXEMPTIONS]. (a)  A person may not engage in the
 4-2     practice of landscape architecture unless the person holds a
 4-3     certificate of registration under this article or the person:
 4-4                 (1)  holds a license or permit issued by the Department
 4-5     of Agriculture, if that license or permit authorizes the person to
 4-6     engage in the business of selling nursery stock in this state,
 4-7     except as provided by Section 2A of this Act;
 4-8                 (2)  is a building designer, except as provided by
 4-9     Section 2A of this Act;
4-10                 (3)  is a landscape contractor, except as provided by
4-11     Section 2A of this Act;
4-12                 (4)  is a landscape designer, except as provided by
4-13     Section 2A of this Act;
4-14                 (5)  is a golf course designer or planner involved in
4-15     services such as consultation, investigation, reconnaissance,
4-16     research, design, preparation of drawings and specifications, and
4-17     supervision, if the dominant purpose of the service is golf course
4-18     design or planning;
4-19                 (6)  makes a plan, drawing, or specification for
4-20     personal use, if the plan, drawing, or specification is for
4-21     property that is owned by that person;
4-22                 (7)  makes a plan, drawing, or specification for a
4-23     single family residence;
4-24                 (8)  is engaged in the location, arrangement, and
4-25     design of any tangible objects and features that are incidental and
4-26     necessary to landscape development, preservation, and aesthetic and
4-27     functional enhancement, if that engagement is for:
 5-1                       (A)  the design of structures or facilities with
 5-2     separate and self-contained purposes that are ordinarily included
 5-3     in the practice of engineering or architecture; or
 5-4                       (B)  the making of land surveys for official
 5-5     approval or recording; or
 5-6                 (9)  is licensed in this state to practice:
 5-7                       (A)  architecture;
 5-8                       (B)  engineering; or
 5-9                       (C)  land surveying [The provisions of this Act
5-10     do not apply to nor affect laws relating to a professional
5-11     engineer, building designer, land surveyor, nurseryman, or an
5-12     architect (except landscape architect), respectively].
5-13           (b)  A person described by Subsection (a)  may not use the
5-14     term "landscape architect," "landscape architectural," "landscape
5-15     architecture," or any similar term, to describe the person or the
5-16     services the person provides unless the person holds a certificate
5-17     of registration under this article [Every agriculturist,
5-18     agronomist, horticulturist, forester, gardener, contract gardener,
5-19     garden or lawn caretaker, nurseryman, grader or cultivator of land
5-20     and any person making plans for property owned by himself is exempt
5-21     from registration under the provisions of this Act, provided
5-22     however, none of the foregoing shall use the title or term
5-23     "landscape architect" in any sign, card, listing, or advertisement
5-24     or represent himself to be a "landscape architect" without
5-25     complying with the provisions of this Act].
5-26           (c)  A landscape architect may not accept an assignment to
5-27     engage in the practice of landscape architecture unless:
 6-1                 (1)  the landscape architect is qualified by education,
 6-2     examination, or experience to adequately and competently perform
 6-3     the assignment; or
 6-4                 (2)  the part of the assignment for which the landscape
 6-5     architect is not qualified is to be performed by persons who are
 6-6     qualified, if the landscape architect is not qualified to perform
 6-7     that part of the assignment.
 6-8           SECTION 3. Chapter 457, Acts of the 61st Legislature, Regular
 6-9     Session, 1969 (Article 249c, Vernon's Texas Civil Statutes), is
6-10     amended by adding Section 2A to read as follows:
6-11           Sec. 2A.  BUILDING DESIGNERS, LANDSCAPE CONTRACTORS,
6-12     LANDSCAPE DESIGNERS, AND NURSERYMEN. A building designer, landscape
6-13     contractor, landscape designer, or nurseryman may prepare a
6-14     landscape plan or drawing, but may not make a plant or revegetation
6-15     plan, drawing, or specification that:
6-16                 (1)  is for property that is larger than one acre;
6-17                 (2)  includes a pathway or vehicular circulation system
6-18     accessible by the public; or
6-19                 (3)  adversely affects the public's health, safety, and
6-20     welfare.
6-21           SECTION 4. Section 5(a), Chapter 457, Acts of the 61st
6-22     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
6-23     Civil Statutes), is amended to read as follows:
6-24           (a)  [No person shall represent himself as a landscape
6-25     architect, as defined herein, unless such person holds a
6-26     certificate of registration as a landscape architect issued by the
6-27     board.]  A person must satisfactorily pass the examination as may
 7-1     be prescribed by the board to be registered as provided herein.
 7-2     Any person who has graduated from a landscape architectural
 7-3     educational program recognized and approved by the board and has
 7-4     had satisfactory experience in landscape architecture as required
 7-5     by rules adopted by the board may apply for examination.  The
 7-6     application must be accompanied by a registration fee, set by the
 7-7     board in an amount that is reasonable and necessary to defray
 7-8     administrative costs. The examination shall be approved by the
 7-9     members of the board and shall be given by the board at its office
7-10     in Austin, Travis County, Texas, or such other place as the board
7-11     may determine or designate.  The scope of the examination and the
7-12     methods of procedure shall be prescribed by the board with special
7-13     reference to the applicant's ability which will insure safety to
7-14     the public welfare and property rights.
7-15           SECTION 5. This Act takes effect September 1, 2001.