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.