By Goolsby H.B. No. 2337
Substitute the following for H.B. No. 2337:
By Yarbrough C.S.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 land and landscape
1-9 analysis, including planning, design, and land preservation and
1-10 rehabilitation; and
1-11 (2) includes the performance of professional services
1-12 such as consultation, investigation, research, the preparation of
1-13 general development and detailed design plans, the preparation of
1-14 studies, the preparation of specifications, and responsible
1-15 supervision related to the development of land areas for:
1-16 (A) the planning and arrangement of land forms,
1-17 features, and 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 land construction
1-23 development programs, including:
1-24 (i) the preparation, review, and analysis
2-1 of master, site, subdivision, and land development plans;
2-2 (ii) reconnaissance, planning, and design;
2-3 (iii) the preparation of drawings,
2-4 construction documents, and specifications; and
2-5 (iv) construction observation;
2-6 (D) design coordination and review of technical
2-7 submissions, plans, and construction documents prepared by persons
2-8 working under the direction of the landscape architect;
2-9 (E) the formulation of graphic and written
2-10 criteria for land preservation, restoration, conservation,
2-11 reclamation, rehabilitation, management, and development;
2-12 (F) the preparation of feasibility studies,
2-13 statements of probable construction costs, and reports and site
2-14 selection for land development and preservation;
2-15 (G) the integration, site analysis, and
2-16 determination of the location of buildings, structures, and
2-17 circulation and environmental systems;
2-18 (H) the analysis and design of:
2-19 (i) site landscape grading and surface
2-20 drainage;
2-21 (ii) systems for erosion and sediment
2-22 control; and
2-23 (iii) pedestrian and vehicular circulation
2-24 systems;
2-25 (I) the planning and placement of uninhabitable
2-26 landscape structures, plants, landscape lighting, and hard surface
2-27 areas;
3-1 (J) the collaboration of landscape architects
3-2 with other professionals in the design of roads, bridges, and
3-3 structures regarding the functional, environmental, and aesthetic
3-4 requirements of the areas in which they are to be placed; and
3-5 (K) field observation of land area construction,
3-6 restoration, and maintenance [performance of professional services
3-7 such as consultation, investigation, research, preparation of
3-8 general development and detailed design plans, studies,
3-9 specifications, and responsible supervision in connection with the
3-10 development of land areas where, and to the extent that, the
3-11 principal purpose of such service is to arrange and modify the
3-12 effects of natural scenery for aesthetic effect, considering the
3-13 use to which the land is to be put. Such services concern the
3-14 arrangement of natural forms, features, and plantings, including
3-15 the ground and water forms, vegetation, circulation, walks, and
3-16 other landscape features to fulfill aesthetic and functional
3-17 requirements but shall not include any services or functions within
3-18 the definition of the practice of engineering, public surveying, or
3-19 architecture as defined by the laws of this state].
3-20 SECTION 2. Section 2, Chapter 457, Acts of the 61st
3-21 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
3-22 Civil Statutes), is amended to read as follows:
3-23 Sec. 2. EXEMPTIONS. (a) This article does not apply to a
3-24 person who:
3-25 (1) holds a license or permit issued by the Texas
3-26 Department of Agriculture, if that license or permit authorizes the
3-27 person to engage in the business of selling nursery stock in this
4-1 state, except as provided by Section 2A of this Act;
4-2 (2) is a landscape contractor, except as provided by
4-3 Section 2A of this Act;
4-4 (3) is a landscape designer, except as provided by
4-5 Section 2A of this Act;
4-6 (4) is primarily engaged in maintaining an existing
4-7 landscape;
4-8 (5) is a golf course designer or planner involved in
4-9 services such as consultation, investigation, reconnaissance,
4-10 research, design, preparation of drawings and specifications, and
4-11 supervision, if the dominant purpose of the service is golf course
4-12 design or planning;
4-13 (6) makes a plan, drawing, or specification for
4-14 personal use, if the plan, drawing, or specification is for
4-15 property that is owned by that person;
4-16 (7) makes a plan, drawing, or specification for a
4-17 single family residence;
4-18 (8) is engaged in the location, arrangement, and
4-19 design of any tangible objects and features that are incidental and
4-20 necessary to landscape development, preservation, and aesthetic and
4-21 functional enhancement, if that engagement is for:
4-22 (A) the design of structures or facilities with
4-23 separate and self-contained purposes that are ordinarily included
4-24 in the practice of engineering or architecture; or
4-25 (B) the making of land surveys or final land
4-26 plats for official approval or recording; or
4-27 (9) is licensed in this state to practice:
5-1 (A) architecture;
5-2 (B) engineering; or
5-3 (C) land surveying [The provisions of this Act
5-4 do not apply to nor affect laws relating to a professional
5-5 engineer, building designer, land surveyor, nurseryman, or an
5-6 architect (except landscape architect), respectively].
5-7 (b) A person described by Subsection (a) may not use the
5-8 term "landscape architect," "landscape architectural," or
5-9 "landscape architecture," or otherwise represent the person to be a
5-10 landscape architect unless the person complies with this article
5-11 [Every agriculturist, agronomist, horticulturist, forester,
5-12 gardener, contract gardener, garden or lawn caretaker, nurseryman,
5-13 grader or cultivator of land and any person making plans for
5-14 property owned by himself is exempt from registration under the
5-15 provisions of this Act, provided however, none of the foregoing
5-16 shall use the title or term "landscape architect" in any sign,
5-17 card, listing, or advertisement or represent himself to be a
5-18 "landscape architect" without complying with the provisions of this
5-19 Act].
5-20 SECTION 3. Chapter 457, Acts of the 61st Legislature,
5-21 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
5-22 Statutes), is amended by adding Section 2A to read as follows:
5-23 Sec. 2A. LANDSCAPE CONTRACTORS, DESIGNERS, AND NURSERYMEN. A
5-24 landscape contractor, landscape designer, or nurseryman may prepare
5-25 landscape plans or drawings, but may not:
5-26 (1) make any plant or revegetation plans, drawings, or
5-27 specifications for property that:
6-1 (A) is larger than one acre; or
6-2 (B) includes a pathway or vehicular circulation
6-3 system accessible by the public; and
6-4 (2) otherwise adversely affect the public's health,
6-5 safety, and welfare.
6-6 SECTION 4. This Act takes effect September 1, 2001.