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RULE §3.5Terms Defined Herein

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.


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