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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions from the registration requirement for the |
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practice of landscape architecture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1052.003(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not engage in the practice of landscape |
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architecture unless the person holds a certificate of registration |
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under this chapter or the person: |
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(1) is a nurseryman, gardener, landscape designer, or |
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landscape contractor who is preparing a landscape planting plan, |
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providing consultation or installing plant material for a landscape |
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planting project, or maintaining an existing landscape [holds a
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license or permit issued by the Department of Agriculture, if that
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license or permit authorizes the person to engage in the business of
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selling nursery stock in this state]; |
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(2) [is a building designer;
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[(3) is a landscape contractor;
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[(4) is a landscape designer;
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[(5)
is a golf course designer or planner involved in
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services such as consultation, investigation, reconnaissance,
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research, design, preparation of drawings and specifications, and
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supervision, if the dominant purpose of the service is golf course
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design or planning;
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[(6)] makes a plan, drawing, or specification for |
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personal use, if the plan, drawing, or specification is for |
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property that is owned by that person; |
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(3) [(7)
makes a plan, drawing, or specification for a
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single-family residence;
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[(8)
makes a plan, drawing, or specification for a
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multifamily residential project that is not an assisted living
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facility as defined by Section 247.002, Health and Safety Code;
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[(9)
makes a plan, drawing, or specification for
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residential housing owned and operated by an institution of higher
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education as defined by Section 61.003, Education Code;
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[(10)] is engaged in the location, arrangement, and |
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design of any tangible objects and features that are incidental and |
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necessary to landscape development, preservation, and aesthetic |
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and functional enhancement, if that engagement is for: |
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(A) the design of structures or facilities with |
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separate and self-contained purposes that are ordinarily included |
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in the practice of engineering or architecture; or |
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(B) the making of land surveys for official |
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approval or recording; |
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(4) [(11)] is licensed in this state to practice[:
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[(A)] architecture,[;
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[(B)] engineering,[;] or |
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[(C)] land surveying and is providing services |
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for which the person is licensed; or |
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(5) [(12)
is primarily engaged in the business of park
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and recreation planning and involved in services such as
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consultation, investigation, reconnaissance, research, design,
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preparation of drawings and specifications, and supervision, if the
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dominant purpose of those services is park and recreation design
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and planning;
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[(13)
is primarily engaged in maintaining an existing
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landscape;
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[(14)] makes a plan, drawing, or specification for |
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property primarily used for farm, ranch, agriculture, wildlife |
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management, or habitat restoration purposes[; or
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[(15)
is a volunteer acting under the direction of a
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governmental entity for a public purpose]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |