1-1 By: Goolsby (Senate Sponsor - Shapiro) H.B. No. 2337
1-2 (In the Senate - Received from the House April 25, 2001;
1-3 April 26, 2001, read first time and referred to Committee on
1-4 Business and Commerce; May 11, 2001, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; May 11, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2337 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the practice of landscape architecture.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1(b), Chapter 457, Acts of the 61st
1-13 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
1-14 Civil Statutes), is amended to read as follows:
1-15 (b) "Landscape architecture":
1-16 (1) means the art and science of landscape analysis,
1-17 landscape planning, and landscape design;
1-18 (2) includes the performance of professional services
1-19 such as consultation, investigation, research, the preparation of
1-20 general development and detailed site design plans, the preparation
1-21 of studies, the preparation of specifications, and responsible
1-22 supervision related to the development of landscape areas for:
1-23 (A) the planning, preservation, enhancement, and
1-24 arrangement of land forms, natural systems, features, and
1-25 plantings, including ground and water forms;
1-26 (B) the planning and design of vegetation,
1-27 circulation, walks, and other landscape features to fulfill
1-28 aesthetic and functional requirements;
1-29 (C) the formulation of graphic and written
1-30 criteria to govern the planning and design of landscape
1-31 construction development programs, including:
1-32 (i) the preparation, review, and analysis
1-33 of master and site plans for landscape use and development;
1-34 (ii) the analysis of environmental,
1-35 physical, and social considerations related to land use;
1-36 (iii) the preparation of drawings,
1-37 construction documents, and specifications; and
1-38 (iv) construction observation;
1-39 (D) design coordination and review of technical
1-40 submissions, plans, and construction documents prepared by persons
1-41 working under the direction of the landscape architect;
1-42 (E) the preparation of feasibility studies,
1-43 statements of probable construction costs, and reports and site
1-44 selection for landscape development and preservation;
1-45 (F) the integration, site analysis, and
1-46 determination of the location of buildings, structures, and
1-47 circulation and environmental systems;
1-48 (G) the analysis and design of:
1-49 (i) site landscape grading and drainage;
1-50 (ii) systems for landscape erosion and
1-51 sediment control; and
1-52 (iii) pedestrian walkway systems;
1-53 (H) the planning and placement of uninhabitable
1-54 landscape structures, plants, landscape lighting, and hard surface
1-55 areas;
1-56 (I) the collaboration of landscape architects
1-57 with other professionals in the design of roads, bridges, and
1-58 structures regarding the functional, environmental, and aesthetic
1-59 requirements of the areas in which they are to be placed; and
1-60 (J) field observation of landscape site
1-61 construction, revegetation, and maintenance; and
1-62 (3) does [performance of professional services such as
1-63 consultation, investigation, research, preparation of general
1-64 development and detailed design plans, studies, specifications, and
2-1 responsible supervision in connection with the development of land
2-2 areas where, and to the extent that, the principal purpose of such
2-3 service is to arrange and modify the effects of natural scenery for
2-4 aesthetic effect, considering the use to which the land is to be
2-5 put. Such services concern the arrangement of natural forms,
2-6 features, and plantings, including the ground and water forms,
2-7 vegetation, circulation, walks, and other landscape features to
2-8 fulfill aesthetic and functional requirements but shall] not
2-9 include:
2-10 (A) traffic, roadway, or pavement engineering;
2-11 (B) the design of utilities;
2-12 (C) the engineering or study of hydrologic
2-13 management of stormwater systems or floodplains;
2-14 (D) the making of final plats; or
2-15 (E) any services or functions within the
2-16 definition of the practice of engineering, public surveying, or
2-17 architecture as defined by the laws of this state.
2-18 SECTION 2. Section 2, Chapter 457, Acts of the 61st
2-19 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
2-20 Civil Statutes), is amended to read as follows:
2-21 Sec. 2. PRACTICE OF LANDSCAPE ARCHITECTURE; ACCEPTANCE OF
2-22 ASSIGNMENTS [EXEMPTIONS]. (a) A person may not engage in the
2-23 practice of landscape architecture unless the person holds a
2-24 certificate of registration under this article or the person:
2-25 (1) holds a license or permit issued by the Department
2-26 of Agriculture, if that license or permit authorizes the person to
2-27 engage in the business of selling nursery stock in this state;
2-28 (2) is a building designer;
2-29 (3) is a landscape contractor;
2-30 (4) is a landscape designer;
2-31 (5) is a golf course designer or planner involved in
2-32 services such as consultation, investigation, reconnaissance,
2-33 research, design, preparation of drawings and specifications, and
2-34 supervision, if the dominant purpose of the service is golf course
2-35 design or planning;
2-36 (6) makes a plan, drawing, or specification for
2-37 personal use, if the plan, drawing, or specification is for
2-38 property that is owned by that person;
2-39 (7) makes a plan, drawing, or specification for a
2-40 single-family residence;
2-41 (8) makes a plan, drawing, or specification for a
2-42 multifamily residential project that is not an assisted living
2-43 facility as defined by Section 247.002, Health and Safety Code;
2-44 (9) makes a plan, drawing, or specification for
2-45 residential housing owned and operated by an institution of higher
2-46 education as defined by Section 61.003, Education Code;
2-47 (10) is engaged in the location, arrangement, and
2-48 design of any tangible objects and features that are incidental and
2-49 necessary to landscape development, preservation, and aesthetic and
2-50 functional enhancement, if that engagement is for:
2-51 (A) the design of structures or facilities with
2-52 separate and self-contained purposes that are ordinarily included
2-53 in the practice of engineering or architecture; or
2-54 (B) the making of land surveys for official
2-55 approval or recording;
2-56 (11) is licensed in this state to practice:
2-57 (A) architecture;
2-58 (B) engineering; or
2-59 (C) land surveying;
2-60 (12) is primarily engaged in the business of park and
2-61 recreation planning and involved in services such as consultation,
2-62 investigation, reconnaissance, research, design, preparation of
2-63 drawings and specifications, and supervision, if the dominant
2-64 purpose of those services is park and recreation design and
2-65 planning;
2-66 (13) is primarily engaged in maintaining an existing
2-67 landscape;
2-68 (14) makes a plan, drawing, or specification for
2-69 property primarily used for farm, ranch, agriculture, wildlife
3-1 management, or habitat restoration purposes; or
3-2 (15) is a volunteer acting under the direction of a
3-3 governmental entity for a public purpose [The provisions of this
3-4 Act do not apply to nor affect laws relating to a professional
3-5 engineer, building designer, land surveyor, nurseryman, or an
3-6 architect (except landscape architect), respectively].
3-7 (b) A person described by Subsection (a) may not use the
3-8 term "landscape architect," "landscape architectural," or
3-9 "landscape architecture," or any similar term, to describe the
3-10 person or the services the person provides unless the person holds
3-11 a certificate of registration under this article [Every
3-12 agriculturist, agronomist, horticulturist, forester, gardener,
3-13 contract gardener, garden or lawn caretaker, nurseryman, grader or
3-14 cultivator of land and any person making plans for property owned
3-15 by himself is exempt from registration under the provisions of this
3-16 Act, provided however, none of the foregoing shall use the title or
3-17 term "landscape architect" in any sign, card, listing, or
3-18 advertisement or represent himself to be a "landscape architect"
3-19 without complying with the provisions of this Act].
3-20 (c) A landscape architect may not accept an assignment to
3-21 engage in the practice of landscape architecture unless:
3-22 (1) the landscape architect is qualified by education,
3-23 examination, or experience to adequately and competently perform
3-24 the assignment; or
3-25 (2) if the landscape architect is not qualified to
3-26 perform part of the assignment, that part of the assignment is to
3-27 be performed by persons who are qualified.
3-28 SECTION 3. Section 5(a), Chapter 457, Acts of the 61st
3-29 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
3-30 Civil Statutes), is amended to read as follows:
3-31 (a) [No person shall represent himself as a landscape
3-32 architect, as defined herein, unless such person holds a
3-33 certificate of registration as a landscape architect issued by the
3-34 board.] A person must satisfactorily pass the examination as may
3-35 be prescribed by the board to be registered as provided herein.
3-36 Any person who has graduated from a landscape architectural
3-37 educational program recognized and approved by the board and has
3-38 had satisfactory experience in landscape architecture as required
3-39 by rules adopted by the board may apply for examination. The
3-40 application must be accompanied by a registration fee, set by the
3-41 board in an amount that is reasonable and necessary to defray
3-42 administrative costs. The examination shall be approved by the
3-43 members of the board and shall be given by the board at its office
3-44 in Austin, Travis County, Texas, or such other place as the board
3-45 may determine or designate. The scope of the examination and the
3-46 methods of procedure shall be prescribed by the board with special
3-47 reference to the applicant's ability which will insure safety to
3-48 the public welfare and property rights.
3-49 SECTION 4. The legislature intends that this Act does not
3-50 prohibit a building designer, landscape contractor, landscape
3-51 designer, or nurseryman from performing any action that the person
3-52 had the authority to perform as of May 28, 2001.
3-53 SECTION 5. The provisions of this Act are not severable and
3-54 would not have been enacted without the others. If any provision
3-55 of this Act is invalid, each provision is invalid.
3-56 SECTION 6. This Act takes effect September 1, 2001.
3-57 * * * * *