Texas 2009 - 81st Regular

Texas House Bill HB3982 Compare Versions

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Old	New	Differences
1	1	81R28838 NC-D
2	2	By: Rodriguez H.B. No. 3982
3	3	Substitute the following for H.B. No. 3982:
4	4	By: Kuempel C.S.H.B. No. 3982
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to exceptions from the registration requirement for the
10	10	practice of landscape architecture.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1052.003(a), Occupations Code, is
13	13	amended to read as follows:
14	14	(a) A person may not engage in the practice of landscape
15	15	architecture unless the person holds a certificate of registration
16	16	under this chapter or the person:
17	17	(1) is a nurseryman, gardener, landscape designer, or
18	18	landscape contractor who is preparing a landscape planting plan,
19	19	providing consultation or installing plant material for a landscape
20	20	planting project, or maintaining an existing landscape [holds a
21	21	license or permit issued by the Department of Agriculture, if that
22	22	license or permit authorizes the person to engage in the business of
23	23	selling nursery stock in this state];
24	24	(2) [is a building designer;
25	25	[(3) is a landscape contractor;
26	26	[(4) is a landscape designer;
27	27	[(5) is a golf course designer or planner involved in
28	28	services such as consultation, investigation, reconnaissance,
29	29	research, design, preparation of drawings and specifications, and
30	30	supervision, if the dominant purpose of the service is golf course
31	31	design or planning;
32	32	[(6)] makes a plan, drawing, or specification for
33	33	personal use, if the plan, drawing, or specification is for
34	34	property that is owned by that person;
35	35	(3) [(7) makes a plan, drawing, or specification for a
36	36	single-family residence;
37	37	[(8) makes a plan, drawing, or specification for a
38	38	multifamily residential project that is not an assisted living
39	39	facility as defined by Section 247.002, Health and Safety Code;
40	40	[(9) makes a plan, drawing, or specification for
41	41	residential housing owned and operated by an institution of higher
42	42	education as defined by Section 61.003, Education Code;
43	43	[(10)] is engaged in the location, arrangement, and
44	44	design of any tangible objects and features that are incidental and
45	45	necessary to landscape development, preservation, and aesthetic
46	46	and functional enhancement, if that engagement is for:
47	47	(A) the design of structures or facilities with
48	48	separate and self-contained purposes that are ordinarily included
49	49	in the practice of engineering or architecture; or
50	50	(B) the making of land surveys for official
51	51	approval or recording;
52	52	(4) [(11)] is licensed in this state to practice[:
53	53	[(A)] architecture,[;
54	54	[(B)] engineering,[;] or
55	55	[(C)] land surveying and is providing services
56	56	for which the person is licensed; or
57	57	(5) [(12) is primarily engaged in the business of park
58	58	and recreation planning and involved in services such as
59	59	consultation, investigation, reconnaissance, research, design,
60	60	preparation of drawings and specifications, and supervision, if the
61	61	dominant purpose of those services is park and recreation design
62	62	and planning;
63	63	[(13) is primarily engaged in maintaining an existing
64	64	landscape;
65	65	[(14)] makes a plan, drawing, or specification for
66	66	property primarily used for farm, ranch, agriculture, wildlife
67	67	management, or habitat restoration purposes[; or
68	68	[(15) is a volunteer acting under the direction of a
69	69	governmental entity for a public purpose].
70	70	SECTION 2. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2009.