| (a) A Landscape Architect may not directly or indirectly
perform an act, omit an act or allow an omission, make an assertion,
or otherwise engage in a practice with the intent to:
(1) defraud;
(2) deceive; or
(3) create a misleading impression.
(b) A Landscape Architect may not advertise in a manner
which is false, misleading, or deceptive.
(c) A Landscape Architect may not directly or indirectly
solicit, offer, give, or receive anything or any service of significant
value as an inducement or reward to secure any specific publicly funded
landscape architectural work. A Landscape Architect may not give landscape
architectural plans, design services, pre-bond referendum services,
or any other goods or services of significant value to a governmental
entity in response to a request for qualifications, a request for
proposals, or otherwise during the process to select a Landscape Architect
to render publicly funded landscape architectural work. The term "significant
value" is defined to mean any act, article, money, or other material
consideration which is of such value or proportion that its offer
or acceptance would affect the governmental entity's selection of
a Landscape Architect or would create the appearance of an obligation
or bias on the part of the governmental entity to select the Landscape
Architect to perform the landscape architectural work.
(d) For purposes of this section, a Landscape Architect's
conduct is intentional, or with intent, if the nature of the conduct
or a reasonable result of the conduct demonstrates a conscious objective
or desire to engage in the conduct or cause the result. A Landscape
Architect's intent or knowledge may be established by circumstantial
evidence.
|
| Source Note: The provisions of this §3.144 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective July 18, 2007, 32 TexReg 4395; amended to be effective March 3, 2013, 38 TexReg 1183; amended to be effective November 23, 2014, 39 TexReg 9007 |
