By: Rodriguez H.B. No. 3982
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.