CHAPTER 1052. LANDSCAPE ARCHITECTS
OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE B. REGULATION OF ARCHITECTURE AND RELATED PRACTICES
CHAPTER 1052. LANDSCAPE ARCHITECTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.057(b),
eff. Sept. 1, 2003.
Sec. 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, Sec. 4.01, eff. Sept. 1,
2003.
Sec. 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, Sec. 4.01, eff. Sept. 1,
2003.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 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, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 4.02, eff.
Sept. 1, 2003.
Sec. 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, Sec. 14(a), eff. Sept. 1,
2003.
Sec. 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, Sec. 8D(b).)
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 4.03, 4.04,
eff. Sept. 1, 2003.
SUBCHAPTER D. REGISTRATION REQUIREMENTS
Sec. 1052.151. REGISTRATION REQUIRED; EXCEPTIONS. (a) A person
may not engage in the practice of landscape architecture unless
the person:
(1) holds a certificate of registration under this chapter; or
(2) is authorized under Section 1052.003 to engage in the
practice of landscape architecture without holding a certificate
of registration.
(b) Except as provided by Subsections (c) and (d), a person may
not represent the person to be a landscape architect or use the
term "landscape architect," "landscape architectural," or
"landscape architecture" or any similar term to describe the
person's services unless the person holds a certificate of
registration under this chapter.
(c) A business entity may engage in the practice of landscape
architecture without holding a certificate of registration under
this chapter if:
(1) the entity is authorized under Section 1052.003 to engage in
the practice of landscape architecture without holding a
certificate of registration; or
(2) any landscape architecture performed on behalf of the entity
is performed by or under the supervision and control of a person
who:
(A) holds a certificate of registration under this chapter; and
(B) is a regular, full-time employee of the entity.
(d) A business entity may use the term "landscape architect,"
"landscape architectural," or "landscape architecture" or any
similar term to describe the entity or the services provided by
the entity without holding a certificate of registration under
this chapter if any practice of landscape architecture performed
on behalf of the entity is performed by or under the supervision
and control of a person who:
(1) holds a certificate of registration under this chapter; and
(2) is a regular, full-time employee of the entity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.057(c),
eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1360, Sec. 8, eff. September 1, 2007.
Sec. 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, Sec. 14A.057(d), eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. June 1,
2003.
Sec. 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. The board by rule may adopt the
examination of the Council of Landscape Architectural
Registration Boards or the examination of a nationally recognized
testing organization whose examination is determined by the board
to be at least as stringent as the council's examination.
(c) The board shall approve the examination.
(d) The board at least annually shall administer the examination
or enter into a contract with a nationally recognized testing
organization to administer the examination. The board, in the
manner provided by board rule, shall provide reasonable public
notice of the dates on and locations at which each portion of the
examination will be administered.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1360, Sec. 9, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. June 1,
2003.
Sec. 1052.155. EMERITUS STATUS; LANDSCAPE ARCHITECTS. (a) The
board by rule shall establish a procedure by which a landscape
architect may place the landscape architect's certificate of
registration on emeritus status. The landscape architect must
apply for emeritus status, on a form prescribed by the board,
before the landscape architect's certificate of registration
expires.
(b) A landscape architect is eligible for emeritus status if the
landscape architect:
(1) has been a landscape architect for 20 years or more; and
(2) is 65 years of age or older.
(c) A landscape architect whose certificate of registration is
on emeritus status:
(1) may engage in the practice of landscape architecture to the
extent that a person who does not hold a certificate of
registration as a landscape architect may under Section
1052.003(a);
(2) may use the title "Emeritus Landscape Architect" or
"Landscape Architect Emeritus";
(3) must pay a renewal fee on a date and in a manner prescribed
by board rule; and
(4) is exempt from continuing education requirements under this
chapter.
(d) The board shall change a landscape architect's certificate
of registration from emeritus status to active status if the
landscape architect:
(1) requests in writing that the board change the landscape
architect's certificate of registration from emeritus status to
active status;
(2) pays an administrative fee; and
(3) complies with education or other requirements established by
board rule.
(e) The renewal fee charged under Subsection (c) may not exceed
an amount reasonable and necessary to recover the costs to
administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1360, Sec. 10, eff. September 1, 2007.
SUBCHAPTER F. DISCIPLINARY PROCEDURES
Sec. 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, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 4.05, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 4.05, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.060(a),
eff. Sept. 1, 2003.