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.