HBA-CMT C.S.H.B. 2337 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2337
By: Goolsby
Licensing & Administrative Procedures
4/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Landscape architects are regulated by the Texas Board of Architectural
Examiners (board) under a state title act.  Under current law, unqualified
individuals are prohibited from representing themselves as a landscape
architect, but they may perform some of the same work as a landscape
architect.  C.S.H.B. 2337 redefines the term "landscape architecture,"
specifies to whom the term does not apply, and sets forth provisions for
what design acts a landscape designer or nurseryman is authorized to
perform without a certificate of registration as a landscape architect
issued by the board. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2337 amends law to redefine the term "landscape architecture."
The bill also specifies the persons to whom the term "landscape
architecture" does not apply, and prohibits those persons from using the
term or otherwise representing themselves as landscape architects. 

The bill authorizes a landscape designer or nurseryman to prepare landscape
plans or drawings, but does not authorize a landscape contractor, landscape
designer, or nurseryman to make any plant or revegetation plans, drawings,
or specifications for  property that is larger than one acre in size, or
includes a pathway or vehicular circulation system accessible by the
public, and otherwise adversely affect the public's health, safety, and
welfare.    

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2337 differs from the original bill by modifying the definition of
"landscape architecture."  The substitute adds a landscape contractor and
persons primarily engaged in maintaining an existing landscape to the
provision exempting certain persons from regulations for landscape
architecture and removes persons licensed to practice irrigation from the
exemption.  The substitute modifies the size of land that a landscape
contractor, landscape designer, or nurseryman is authorized to prepare
landscape plans or drawings for from one-half acre to one acre.