By Goolsby H.B. No. 2337
77R3531 MXM-D
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 creative application of biological,
1-9 mathematical, physical, and social processes to planning and
1-10 designing the use, allocation, and arrangement of land and water
1-11 resources for:
1-12 (A) human use and enjoyment; and
1-13 (B) landscape preservation, development, and
1-14 aesthetic and functional enhancement of those land and water
1-15 resources; and
1-16 (2) includes services such as:
1-17 (A) research, analysis and assessment,
1-18 selection, and allocation of land and water resources for human
1-19 use;
1-20 (B) formulation of graphic and written criteria
1-21 to govern the planning and design of land construction development
1-22 programs, including:
1-23 (i) preparation, review, and analysis of
1-24 master, site, subdivision, and land development plans;
2-1 (ii) reconnaissance, planning, and design;
2-2 (iii) preparation of drawings,
2-3 construction documents, and specifications; and
2-4 (iv) construction observation;
2-5 (C) design coordination and review of technical
2-6 submissions, plans, and construction documents prepared by persons
2-7 working under the direction of the landscape architect;
2-8 (D) formulation of graphic and written criteria
2-9 for land preservation, restoration, conservation, reclamation,
2-10 rehabilitation, management, and development;
2-11 (E) preparation of feasibility studies, cost
2-12 estimates, and reports and site selection for land development and
2-13 preservation;
2-14 (F) integration, site analysis, and
2-15 determination of the location of buildings, structures,
2-16 transportation systems, and environmental systems;
2-17 (G) analysis and design of:
2-18 (i) landscape grading and drainage,
2-19 landscape storm water management, landscape irrigation, and systems
2-20 for erosion and sediment control;
2-21 (ii) pedestrian and vehicular circulation
2-22 systems; and
2-23 (iii) wetlands;
2-24 (H) design and placement of site improvements,
2-25 including site amenities, uninhabitable landscape structures,
2-26 plants, landscape lighting, and landscape pavements;
2-27 (I) collaboration of landscape architects with
3-1 other professionals in the design of roads, bridges, and structures
3-2 regarding the functional, environmental, and aesthetic requirements
3-3 of the areas in which they are to be placed;
3-4 (J) field observation and inspection of land
3-5 area construction, restoration, and maintenance; and
3-6 (K) location, arrangement, and design of any
3-7 tangible objects and features that are incidental and necessary to
3-8 landscape development, preservation, and aesthetic and functional
3-9 enhancement [performance of professional services such as
3-10 consultation, investigation, research, preparation of general
3-11 development and detailed design plans, studies, specifications, and
3-12 responsible supervision in connection with the development of land
3-13 areas where, and to the extent that, the principal purpose of such
3-14 service is to arrange and modify the effects of natural scenery for
3-15 aesthetic effect, considering the use to which the land is to be
3-16 put. Such services concern the arrangement of natural forms,
3-17 features, and plantings, including the ground and water forms,
3-18 vegetation, circulation, walks, and other landscape features to
3-19 fulfill aesthetic and functional requirements but shall not include
3-20 any services or functions within the definition of the practice of
3-21 engineering, public surveying, or architecture as defined by the
3-22 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. EXEMPTIONS. (a) This article does not apply to a
3-27 person who:
4-1 (1) holds a license or permit issued by the Texas
4-2 Department of Agriculture, if that license or permit authorizes the
4-3 person to engage in the business of selling nursery stock in this
4-4 state, except as provided by Section 2A of this Act;
4-5 (2) is a landscape designer, except as provided by
4-6 Section 2A of this Act;
4-7 (3) is a golf course designer or planner involved in
4-8 services such as consultation, investigation, reconnaissance,
4-9 research, design, preparation of drawings and specifications, and
4-10 supervision, if the dominant purpose of the service is golf course
4-11 design or planning;
4-12 (4) makes a plan, drawing, or specification for
4-13 personal use, if the plan, drawing, or specification is for
4-14 property that is owned by that person or a single-family residence;
4-15 (5) is engaged in the location, arrangement, and
4-16 design of any tangible objects and features that are incidental and
4-17 necessary to landscape development, preservation, and aesthetic and
4-18 functional enhancement, if that engagement is for:
4-19 (A) the design of structures or facilities with
4-20 separate and self-contained purposes that are ordinarily included
4-21 in the practice of engineering or architecture; or
4-22 (B) the making of land surveys or final land
4-23 plats for official approval or recording; or
4-24 (6) is licensed in this state to practice:
4-25 (A) architecture;
4-26 (B) engineering;
4-27 (C) irrigation; or
5-1 (D) land surveying, as governed by applicable
5-2 state law [The provisions of this Act do not apply to nor affect
5-3 laws relating to a professional engineer, building designer, land
5-4 surveyor, nurseryman, or an architect (except landscape architect),
5-5 respectively].
5-6 (b) A person described by Subsection (a) may not use the
5-7 term "landscape architect," "landscape architectural," or
5-8 "landscape architecture," or otherwise represent the person to be a
5-9 landscape architect unless the person complies with this article
5-10 [Every agriculturist, agronomist, horticulturist, forester,
5-11 gardener, contract gardener, garden or lawn caretaker, nurseryman,
5-12 grader or cultivator of land and any person making plans for
5-13 property owned by himself is exempt from registration under the
5-14 provisions of this Act, provided however, none of the foregoing
5-15 shall use the title or term "landscape architect" in any sign,
5-16 card, listing, or advertisement or represent himself to be a
5-17 "landscape architect" without complying with the provisions of this
5-18 Act].
5-19 SECTION 3. Chapter 457, Acts of the 61st Legislature,
5-20 Regular Session, 1969 (Article 249c, Vernon's Texas Civil
5-21 Statutes), is amended by adding Section 2A to read as follows:
5-22 Sec. 2A. LANDSCAPE DESIGNERS AND NURSERYMEN. A landscape
5-23 designer or nurseryman may prepare plans or drawings as an adjunct
5-24 to merchandising nursery stock and related horticultural products,
5-25 but may not:
5-26 (1) make any plant or revegetation plans, drawings, or
5-27 specifications for property that:
6-1 (A) is more than a one-half acre in size; 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.