The following words, terms, and acronyms, when used in this
chapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) The Act--The Landscape Architects' Registration
Law.
(2) Administrative Procedure Act (APA)--Texas Government
Code §§2001.001 et seq.
(3) APA--Administrative Procedure Act.
(4) Applicant--An individual who has submitted an application
for registration or reinstatement but has not yet completed the registration
or reinstatement process.
(5) Architectural Barriers Act--Texas Government Code,
Chapter 469.
(6) Barrier-Free Design--The design of a facility or
the design of an alteration of a facility which complies with the
Texas Accessibility Standards, the Americans with Disabilities Act,
the Fair Housing Accessibility Guidelines, or similarly accepted standards
for accessible design.
(7) Board--Texas Board of Architectural Examiners.
(8) Cancel, Cancellation, or Cancelled--The termination
of a Texas landscape architectural registration certificate by operation
of law two years after it expires without renewal by the certificate-holder.
(9) Candidate--An Applicant approved by the Board to
take the LARE.
(10) CEPH--Continuing Education Program Hour(s).
(11) Chair--The member of the Board who serves as the
Board's presiding officer.
(12) CLARB--Council of Landscape Architectural Registration
Boards.
(13) Construction Documents--Drawings; specifications;
and addenda, change orders, construction change directives, and other
Supplemental Documents prepared for the purpose(s) of Regulatory Approval,
permitting, or construction.
(14) Consultant--An individual retained by a Landscape
Architect who prepares or assists in the preparation of technical
design documents issued by the Landscape Architect for use in connection
with the Landscape Architect's Construction Documents.
(15) Contested Case--A proceeding, including a licensing
proceeding, in which the legal rights, duties, or privileges of a
party are to be determined by a state agency after an opportunity
for adjudicative hearing.
(16) Continuing Education Program Hour (CEPH)--At least
fifty (50) minutes of time spent in an activity meeting the Board's
continuing education requirements.
(17) Council of Landscape Architectural Registration
Boards (CLARB)--An international nonprofit organization whose members
are landscape architectural licensing boards of the U.S. states and
Canadian provinces that license landscape architects.
(18) Delinquent--A registration status signifying that
a Landscape Architect:
(A) has failed to remit the applicable renewal fee
to the Board; and
(B) is no longer authorized to practice Landscape Architecture
in Texas or use any of the terms restricted by the Landscape Architects'
Registration Law.
(19) Direct Supervision--The amount of oversight by
an individual overseeing the work of another whereby the supervisor
and the individual being supervised work in close proximity to one
another and the supervisor has both control over and detailed professional
knowledge of the work prepared under his or her supervision.
(20) Emeritus Landscape Architect (or Landscape Architect
Emeritus)--An honorary title that may be used by a Landscape Architect
who has retired from the practice of Landscape Architecture in Texas
pursuant to §1052.155 of the Texas Occupations Code.
(21) Energy-Efficient Design--The design of a project
and the specification of materials to minimize the consumption of
energy in the use of the project. The term includes energy efficiency
strategies by design as well as the incorporation of alternative energy
systems.
(22) Feasibility Study--A report of a detailed investigation
and analysis conducted to determine the advisability of a proposed
landscape architectural project from a technical landscape architectural
standpoint.
(23) Good Standing--
(A) a registration status signifying that a Landscape
Architect is not delinquent in the payment of any fees owed to the
Board; or
(B) an application status signifying that an Applicant
or Candidate is not delinquent in the payment of any fees owed to
the Board, is not the subject of a pending TBAE enforcement proceeding,
and has not been the subject of formal disciplinary action by a landscape
architectural registration board that would provide a ground for the
denial of the application for landscape architectural registration
in Texas.
(24) Governmental Entity--A Texas state agency or department;
a district, authority, county, municipality, or other political subdivision
of Texas; or a publicly owned Texas utility.
(25) Governmental Jurisdiction--A governmental authority
such as a state, territory, or country beyond the boundaries of Texas.
(26) Inactive--A registration status signifying that
a Landscape Architect may not practice Landscape Architecture in the
State of Texas.
(27) LAAB--Landscape Architectural Accreditation Board.
(28) Landscape Architect--An individual who holds a
valid Texas landscape architectural registration certificate granted
by the Board.
(29) Landscape Architect Registration Examination (LARE)--The
standardized test that a Candidate must pass in order to obtain a
valid Texas landscape architectural registration certificate.
(30) Landscape Architects' Registration Law--Chapter
1052, Texas Occupations Code.
(31) Landscape Architectural Accreditation Board (LAAB)--An
agency that accredits landscape architectural degree programs in the
United States.
(32) Landscape Architectural Intern--An individual
participating in an internship to complete the experiential requirements
for landscape architectural registration in Texas.
(33) Landscape Architecture--The art and science of
landscape analysis, landscape planning, and landscape design, including
the performance of professional services such as consultation, investigation,
research, the preparation of general development and detailed site
design plans, the preparation of studies, the preparation of specifications,
and responsible supervision related to the development of landscape
areas for:
(A) the planning, preservation, enhancement, and arrangement
of land forms, natural systems, features, and plantings, including
ground and water forms;
(B) the planning and design of vegetation, circulation,
walks, and other landscape features to fulfill aesthetic and functional
requirements;
(C) the formulation of graphic and written criteria
to govern the planning and design of landscape construction development
programs, including:
(i) the preparation, review, and analysis of master
and site plans for landscape use and development;
(ii) the analysis of environmental, physical, and social
considerations related to land use;
(iii) the preparation of drawings, construction documents,
and specifications; and
(iv) construction observation;
(D) design coordination and review of technical submissions,
plans, and construction documents prepared by individuals working
under the direction of the Landscape Architect;
(E) the preparation of feasibility studies, statements
of probable construction costs, and reports and site selection for
landscape development and preservation;
(F) the integration, site analysis, and determination
of the location of buildings, structures, and circulation and environmental
systems;
(G) the analysis and design of:
(i) site landscape grading and drainage;
(ii) systems for landscape erosion and sediment control;
and
(iii) pedestrian walkway systems;
(H) the planning and placement of uninhabitable landscape
structures, plants, landscape lighting, and hard surface areas;
(I) the collaboration of Landscape Architects with
other professionals in the design of roads, bridges, and structures
regarding the functional, environmental, and aesthetic requirements
of the areas in which they are to be placed; and
(J) field observation of landscape site construction,
revegetation, and maintenance.
(34) LARE--Landscape Architect Registration Examination.
(35) Licensed--Registered.
(36) Member Board--A landscape architectural registration
board that is part of CLARB.
(37) Nonregistrant--An individual who is not a Landscape
Architect.
(38) Principal--A Landscape Architect who is responsible,
either alone or with other Landscape Architects, for an organization's
practice of Landscape Architecture.
(39) Prototypical--From or of a landscape architectural
design intentionally created not only to establish the landscape architectural
parameters of a project but also to serve as a functional model on
which future variations of the basic landscape architectural design
would be based for use in additional locations.
(40) Registrant--Landscape Architect.
(41) Regulatory Approval--The approval of Construction
Documents by the applicable Governmental Entity after a review of
the landscape architectural content of the Construction Documents
as a prerequisite to construction of a project.
(42) Reinstatement--The procedure through which a Surrendered
or revoked Texas landscape architectural registration certificate
is restored.
(43) Renewal--The procedure through which a Landscape
Architect pays a periodic fee so that the Landscape Architect's registration
certificate will continue to be effective.
(44) Responsible charge--That degree of control over
and detailed knowledge of the content of technical submissions during
their preparation as is ordinarily exercised by registered landscape
architects applying the applicable landscape architectural standard
of care.
(45) Revocation or Revoked--The termination of a landscape
architectural certificate by the Board.
(46) Rules and Regulations of the Board--22 Texas Administrative
Code §§3.1 et seq.
(47) Rules of Procedure of SOAH--1 Texas Administrative
Code §§155.1 et seq.
(48) Secretary-Treasurer--The member of the Board responsible
for signing the official copy of the minutes of each Board meeting
and maintaining the record of Board members' attendance at Board meetings.
(49) Signature--A personal signature of the individual
whose name is signed or an authorized copy of such signature.
(50) SOAH--State Office of Administrative Hearings.
(51) Sole Practitioner--A Landscape Architect who is
the only design professional to offer or render landscape architectural
services on behalf of a business entity.
(52) State Office of Administrative Hearings (SOAH)--A
Governmental Entity created to serve as an independent forum for the
conduct of adjudicative hearings involving the executive branch of
Texas government.
(53) Supervision and Control--The amount of oversight
by a landscape architect overseeing the work of another whereby:
(A) the landscape architect and the individual performing
the work can document frequent and detailed communication with one
another and the landscape architect has both control over and detailed
professional knowledge of the work; or
(B) the landscape architect is in Responsible Charge
of the work and the individual performing the work is employed by
the landscape architect or by the landscape architect's employer.
(54) Supplemental Document--A document that modifies
or adds to the technical landscape architectural content of an existing
Construction Document.
(55) Surrender--The act of relinquishing a Texas landscape
architectural registration certificate along with all privileges associated
with the certificate.
(56) Sustainable Design--An integrative approach to
the process of design which seeks to avoid depletion of energy, water,
and raw material resources; prevent environmental degradation caused
by facility and infrastructure development during their implementation
and over their life cycle; and create environments that are livable
and promote health, safety and well-being. Sustainability is the concept
of meeting present needs without compromising the ability of future
generations to meet their own needs.
(57) Table of Equivalents for Experience in Landscape
Architecture--22 Texas Administrative Code §3.191 and §3.192
of this chapter.
(58) TBAE--Texas Board of Architectural Examiners.
(59) TDLR--Texas Department of Licensing and Regulation.
(60) Texas Department of Licensing and Regulation (TDLR)--A
Texas state agency responsible for the implementation and enforcement
of the Texas Architectural Barriers Act.
(61) Vice-Chair--The member of the Board who serves
as the assistant presiding officer and, in the absence of the Chair,
serves as the Board's presiding officer. If necessary, the Vice-Chair
succeeds the Chair until a new Chair is appointed.
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| Source Note: The provisions of this §3.5 adopted to be effective February 28, 1990, 15 TexReg 868; amended to be effective March 31, 1992, 17 TexReg 2007; amended to be effective December 6, 1995, 20 TexReg 9846; amended to be effective June 30, 1997, 22 TexReg 5921; amended to be effective April 5, 2000, 25 TexReg 2811; amended to be effective February 27, 2001, 26 TexReg 1716; amended to be effective March 6, 2003, 28 TexReg 1871; amended to be effective March 30, 2006, 31 TexReg 2454; amended to be effective September 19, 2006, 31 TexReg 7992; amended to be effective April 3, 2008, 33 TexReg 2691; amended to be effective December 14, 2008, 33 TexReg 10157; amended to beeffective June 21, 2009, 34 TexReg 3946; amended to be effective September 25, 2012, 37 TexReg 7482; amended to be effective January 11, 2017, 42 TexReg 13; amended to be effective July 8, 2020, 45 TexReg 4514 |
