The Attorney General of Texas
April 8, 1980
MARK WHITE
Attorney General
Honorable Philip D. Creer, FAIA Opinion No. m-16 4
Executive Director
Texas Board of Architectural Re: Reinstatement of landscape
Examiners architects whose licenses have
5555 N. Lamar Boulevard lapsed.
Austin, Texas 78’751
Dear Mr. Creer:
You inquire about the proper procedure for reinstating the license of a
landscape architect for failure to renew annually. Your board is now
charged with the administration of the landscape architects law governing
registration of landscape architects following the abolition of the Board of
Landscape Architects by the 66th session of the legislature. Acts 1979, 66th
Leg., ch. 619, S 9, at 1393.
.
Section 7 of article 249c, V.T.C S., prov&s that all certificates of
registration shall expire each year on t’he date set by the board as part of a
staggered renewal system and shall become invalid unless renewed. This
section makes the following provision for failure to renew by the deadline:
. . . Failure to renew a certificate of registration by
the expiration date established by the board shall
result in an increase of the renewal fee by $20. If
failure to renew shall continue for more than 90 days
after the date of expiration of the certificate of
registration, the applicant must reapply for registra-
tion and must qualify under Section 5 of this Act. All
renewal certificates shall carry the same registration
number as the original certificate.
This provision makes it clear that failure to renew for up to 90 days
results in a $20 increase in the renewal fee. If failure to renew continues
for more than 90 days, the applicant must qualify under section 5 of article
249c, V.T.C.S., which requires that he (1) be at least 18 years of age, (2) hold
a degree in landscape architecture or have seven years of experience in the
field, and (3) take an examination. We believe that persons who fail to
renew within 90 days are required to take the examination provided for in
p.525
Honorable Philip D. Creer - Page Two (NW-1 6 4)
section 5. Having previously been licensed, they will already meet the requirements as to
age and study. Thus, if the requirement that they qualify under section 5 is to mean
anything at all, they must retake the examination.
SUMMARY
A landscape architect who fails to renew his license within 90 days
of its expiration must take the examination required by section 5 of
article 249c, V.T.C.S.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Bill Campbell
Susan Garrison
Rick Gilpin
Bruce Youngblood
P. 526
Untitled Texas Attorney General Opinion
Combined Opinion