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) pedestrian walkway systems;
2-21 (H) the planning and placement of uninhabitable
2-22 landscape structures, plants, landscape lighting, and hard surface
2-23 areas;
2-24 (I) the collaboration of landscape architects
2-25 with other professionals in the design of roads, bridges, and
2-26 structures regarding the functional, environmental, and aesthetic
2-27 requirements of the areas in which they are to be placed; and
3-1 (J) field observation of landscape site
3-2 construction, revegetation, and maintenance; and
3-3 (3) does [performance of professional services such as
3-4 consultation, investigation, research, preparation of general
3-5 development and detailed design plans, studies, specifications, and
3-6 responsible supervision in connection with the development of land
3-7 areas where, and to the extent that, the principal purpose of such
3-8 service is to arrange and modify the effects of natural scenery for
3-9 aesthetic effect, considering the use to which the land is to be
3-10 put. Such services concern the arrangement of natural forms,
3-11 features, and plantings, including the ground and water forms,
3-12 vegetation, circulation, walks, and other landscape features to
3-13 fulfill aesthetic and functional requirements but shall] not
3-14 include:
3-15 (A) traffic, roadway, or pavement engineering;
3-16 (B) the design of utilities;
3-17 (C) the engineering or study of hydrologic
3-18 management of stormwater systems or floodplains;
3-19 (D) the making of final plats; or
3-20 (E) any services or functions within the
3-21 definition of the practice of engineering, public surveying, or
3-22 architecture as defined by the laws of this state.
3-23 SECTION 2. Section 2, Chapter 457, Acts of the 61st
3-24 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
3-25 Civil Statutes), is amended to read as follows:
3-26 Sec. 2. PRACTICE OF LANDSCAPE ARCHITECTURE; ACCEPTANCE OF
3-27 ASSIGNMENTS [EXEMPTIONS]. (a) A person may not engage in the
4-1 practice of landscape architecture unless the person holds a
4-2 certificate of registration under this article or the person:
4-3 (1) holds a license or permit issued by the Department
4-4 of Agriculture, if that license or permit authorizes the person to
4-5 engage in the business of selling nursery stock in this state;
4-6 (2) is a building designer;
4-7 (3) is a landscape contractor;
4-8 (4) is a landscape designer;
4-9 (5) is a golf course designer or planner involved in
4-10 services such as consultation, investigation, reconnaissance,
4-11 research, design, preparation of drawings and specifications, and
4-12 supervision, if the dominant purpose of the service is golf course
4-13 design or planning;
4-14 (6) makes a plan, drawing, or specification for
4-15 personal use, if the plan, drawing, or specification is for
4-16 property that is owned by that person;
4-17 (7) makes a plan, drawing, or specification for a
4-18 single-family residence;
4-19 (8) makes a plan, drawing, or specification for a
4-20 multifamily residential project that is not an assisted living
4-21 facility as defined by Section 247.002, Health and Safety Code;
4-22 (9) makes a plan, drawing, or specification for
4-23 residential housing owned and operated by an institution of higher
4-24 education as defined by Section 61.003, Education Code;
4-25 (10) is engaged in the location, arrangement, and
4-26 design of any tangible objects and features that are incidental and
4-27 necessary to landscape development, preservation, and aesthetic and
5-1 functional enhancement, if that engagement is for:
5-2 (A) the design of structures or facilities with
5-3 separate and self-contained purposes that are ordinarily included
5-4 in the practice of engineering or architecture; or
5-5 (B) the making of land surveys for official
5-6 approval or recording;
5-7 (11) is licensed in this state to practice:
5-8 (A) architecture;
5-9 (B) engineering; or
5-10 (C) land surveying;
5-11 (12) is primarily engaged in the business of park and
5-12 recreation planning and involved in services such as consultation,
5-13 investigation, reconnaissance, research, design, preparation of
5-14 drawings and specifications, and supervision, if the dominant
5-15 purpose of those services is park and recreation design and
5-16 planning;
5-17 (13) is primarily engaged in maintaining an existing
5-18 landscape;
5-19 (14) makes a plan, drawing, or specification for
5-20 property primarily used for farm, ranch, agriculture, wildlife
5-21 management, or habitat restoration purposes; or
5-22 (15) is a volunteer acting under the direction of a
5-23 governmental entity for a public purpose [The provisions of this
5-24 Act do not apply to nor affect laws relating to a professional
5-25 engineer, building designer, land surveyor, nurseryman, or an
5-26 architect (except landscape architect), respectively].
5-27 (b) A person described by Subsection (a) may not use the
6-1 term "landscape architect," "landscape architectural," or
6-2 "landscape architecture," or any similar term, to describe the
6-3 person or the services the person provides unless the person holds
6-4 a certificate of registration under this article [Every
6-5 agriculturist, agronomist, horticulturist, forester, gardener,
6-6 contract gardener, garden or lawn caretaker, nurseryman, grader or
6-7 cultivator of land and any person making plans for property owned
6-8 by himself is exempt from registration under the provisions of this
6-9 Act, provided however, none of the foregoing shall use the title or
6-10 term "landscape architect" in any sign, card, listing, or
6-11 advertisement or represent himself to be a "landscape architect"
6-12 without complying with the provisions of this Act].
6-13 (c) A landscape architect may not accept an assignment to
6-14 engage in the practice of landscape architecture unless:
6-15 (1) the landscape architect is qualified by education,
6-16 examination, or experience to adequately and competently perform
6-17 the assignment; or
6-18 (2) if the landscape architect is not qualified to
6-19 perform part of the assignment, that part of the assignment is to
6-20 be performed by persons who are qualified.
6-21 SECTION 3. 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 4. The legislature intends that this Act does not
7-16 prohibit a building designer, landscape contractor, landscape
7-17 designer, or nurseryman from performing any action that the person
7-18 had the authority to perform as of May 28, 2001.
7-19 SECTION 5. The provisions of this Act are not severable and
7-20 would not have been enacted without the others. If any provision
7-21 of this Act is invalid, each provision is invalid.
7-22 SECTION 6. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2337 was passed by the House on April
24, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2337 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2337 was passed by the Senate, with
amendments, on May 23, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor