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