2005 Texas Occupations Code CHAPTER 1052. LANDSCAPE ARCHITECTS

OCCUPATIONS CODE

CHAPTER 1052. LANDSCAPE ARCHITECTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 1052.003. PRACTICE OF LANDSCAPE ARCHITECTURE.  (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)  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;
		(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;                                                         
		(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.
	(b)  A person described by Subsection (a) may not use the 
term "landscape architect," "landscape architectural," or 
"landscape architecture," or any similar term, to describe the 
person or the services the person provides unless the person holds a 
certificate of registration under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.057(b), eff. 
Sept. 1, 2003.


	§ 1052.004. ACTIVITIES OF LANDSCAPE ARCHITECT 
EMPLOYEE.  This chapter does not limit the ability of an employee 
of a landscape architect to act under the landscape architect's 
instructions, control, or supervision.

Added by Acts 2003, 78th Leg., ch. 331, § 4.01, eff. Sept. 1, 
2003.      


	§ 1052.005. ACTIVITIES OF CERTAIN PERSONS NOT REPRESENTED 
TO BE LANDSCAPE ARCHITECTS.  (a) This chapter does not apply to a 
person:
		(1)  who does not represent that the person is a 
landscape architect or use a business or professional title that 
uses a form of the phrase "landscape architect";  and
		(2)  who is a landscape architect licensed or 
registered in another state or country who:
			(A)  does not open or maintain a business in this 
state;  and              
			(B)  complies with the requirements of Subsection 
(b).                     
	(b)  A person described by Subsection (a) who agrees to 
perform or represents that the person is able to perform a 
professional service involved in the practice of landscape 
architecture may perform a landscape architectural service in this 
state only if, in performing the service, the person:
		(1)  employs a landscape architect registered under 
this chapter as a consultant;  or
		(2)  acts as a consultant of a landscape architect 
registered in this state.

Added by Acts 2003, 78th Leg., ch. 331, § 4.01, eff. Sept. 1, 
2003.      

SUBCHAPTER B. BOARD POWERS AND DUTIES


	§ 1052.054. FEES.  (a) The board may set a fee for a board 
action involving an administrative expense in an amount that is 
reasonable and necessary to cover the cost of administering this 
chapter, unless the amount of the fee is set by the General 
Appropriations Act.
	(b)  The board shall set the fee for renewal of a certificate 
of registration in an amount that is reasonable and necessary to 
defray administrative costs.
	(c)  The board may accept payment of a fee by electronic 
means.  The board may charge a fee to process the payment made by 
electronic means.  The board shall set the processing fee in an 
amount that is reasonably related to the expense incurred by the 
board in processing the payment made by electronic means, not to 
exceed five percent of the amount of the fee for which the payment 
is made.
	(d)  A fee set by the board under this section may not be used 
for the purpose of earning additional revenue for the board.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 331, § 4.02, eff. Sept. 1, 
2003.


	§ 1052.0541. FEE INCREASE.  (a) The fee for the issuance 
of a certificate of registration under this chapter and the fee for 
the renewal of a certificate of registration under this chapter is 
increased by $200.
	(b)  Of each fee increase collected, $50 shall be deposited 
in the foundation school fund and $150 shall be deposited in the 
general revenue fund.

Added by Acts 2003, 78th Leg., ch. 200, § 14(a), eff. Sept. 1, 
2003.     


	§ 1052.056.  DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S 
SEAL.  (a) The board shall prescribe and approve the seal to be used 
by a landscape architect.
	(b)  The design of the seal must be the same as the design 
used by the board, except that the words "Registered Landscape 
Architect, State of Texas" must be used instead of "Texas Board of 
Architectural Examiners."  (V.A.C.S. Art. 249c, § 8D(b).)

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 331, § 4.03, 4.04, eff. 
Sept. 1, 2003.

SUBCHAPTER D. REGISTRATION REQUIREMENTS


	§ 1052.151. REGISTRATION REQUIRED.  (a) A person may not 
engage in the practice of landscape architecture unless the person 
holds a certificate of registration under this chapter.
	(b)  A person may not represent the person to be a landscape 
architect unless the person holds a certificate of registration or 
is exempt from registration under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.057(c), eff. 
Sept. 1, 2003.


	§ 1052.1515. ACCEPTANCE OF ASSIGNMENTS.  A landscape 
architect may not accept an assignment to engage in the practice of 
landscape architecture unless:
		(1)  the landscape architect is qualified by education, 
examination, or experience to adequately and competently perform 
the assignment;  or
		(2)  if the landscape architect is not qualified to 
perform part of the assignment, that part of the assignment is to be 
performed by persons who are qualified.

Added by Acts 2003, 78th Leg., ch. 1276, § 14A.057(d), eff. Sept. 
1, 2003.


	§ 1052.152. USE OF LANDSCAPE ARCHITECT'S SEAL.  (a) A 
landscape architect shall maintain a seal as described by Section 
1052.056 and shall stamp or impress the seal on each drawing or 
specification issued from the landscape architect's office for use 
in this state.
	(b)  A person may not use or attempt to use a landscape 
architect's seal, a similar seal, or a replica of the seal unless 
the use is by or through a landscape architect.
	(c)  A landscape architect may not permit a person who is not 
a landscape architect to use the landscape architect's seal without 
the landscape architect's personal supervision.
	(d)  A person may not present or attempt to use as the 
person's own the seal of another person.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.           


	§ 1052.153. EXAMINATION.  (a) A person must pass an 
examination prescribed by the board to receive a certificate of 
registration as a landscape architect.
	(b)  The board shall prescribe the scope of the examination 
and the methods of procedure with special reference to the 
applicant's ability that will ensure the safety of the public 
welfare and property rights.
	(c)  The board shall approve the examination.                                  
	(d)  The board shall administer the examination at its office 
in Austin or at another location designated by the board.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.           


	§ 1052.154. ELIGIBILITY FOR EXAMINATION;  
APPLICATION.  (a) A person may apply for examination under this 
chapter if the person:
		(1)  is a graduate of a landscape architecture 
educational program recognized and approved by the board;  and
		(2)  has satisfactory experience in landscape 
architecture as required by board rule.
	(b)  The application must be accompanied by a fee set by the 
board in an amount that is reasonable and necessary to defray 
administrative costs.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.           

SUBCHAPTER F. DISCIPLINARY PROCEDURES


	§ 1052.251. DISCIPLINARY POWERS OF BOARD.  (a) On a 
determination that a ground for discipline exists under Section 
1052.252, the board shall:
		(1)  revoke, suspend, or refuse to renew a certificate 
of registration;     
		(2)  reprimand a certificate holder;  or                                      
		(3)  impose an administrative penalty on a person under 
Subchapter I, Chapter 1051.
	(b)  The board may place on probation a person whose 
certificate of registration is suspended.  If the suspension is 
probated, the board may require the person to:
		(1)  report regularly to the board on matters that are 
the basis of the probation;
		(2)  limit practice to the areas prescribed by the 
board;  or               
		(3)  continue or review professional education until 
the person attains a degree of skill satisfactory to the board in 
those areas that are the basis of the probation.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 331, § 4.05, eff. Sept. 1, 
2003.


	§ 1052.252. GROUNDS FOR DISCIPLINARY ACTION.  A person is 
subject to disciplinary action under Section 1052.251 for:
		(1)  violating this subtitle or a board rule adopted 
under this subtitle that applies to landscape architects;
		(2)  using fraud or deceit in obtaining a certificate 
of registration;      
		(3)  giving false or forged evidence to the board or a 
member of the board in obtaining or assisting another person to 
obtain a certificate of registration;
		(4)  using or attempting to use as the person's own the 
certificate of registration of another person;
		(5)  holding the person out to the public as an engineer 
or using the term "engineer," "engineered," "professional 
engineer," or "P.E." or any other term tending to create the 
impression that the person is authorized to practice engineering or 
another profession unless the person is licensed under Chapter 1001 
or another licensing law of this state, as applicable;
		(6)  holding the person out to the public as a surveyor 
or using the term "surveyor," "surveyed," or "registered 
professional land surveyor" or any other term tending to create the 
impression that the person is authorized to practice surveying or 
another profession unless the person is licensed under Chapter 1071 
or another licensing law of this state, as applicable;
		(7)  committing an act of recklessness, gross 
incompetency, or misconduct in the practice of landscape 
architecture;
		(8)  failing to provide or to timely provide to the 
Texas Department of Licensing and Regulation any document 
designated by Chapter 469, Government Code, as a document the 
person is required to provide to the department;
		(9)  acting dishonestly in the practice of landscape 
architecture;  or      
		(10)  aiding or abetting a person not registered under 
this subtitle in violating this subtitle.

Added by Acts 2001, 77th Leg., ch. 1421, § 1, eff. June 1, 2003.  
Amended by Acts 2003, 78th Leg., ch. 331, § 4.05, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1276, § 14A.060(a), eff. Sept. 
1, 2003.