Mr. Robert H. Green, Chairman opinion NO. M- 6.41
Texas State Board of Landscape
Architects Rez Extent of authority of
P. 0. Box 12292 the Texas State Board of
Capitol Station Landscape Architects to
Austin, Texas 78711 make inquiry into qualifi-
cations of applicants for
license as Landscape Ar-
chitect under Article 24gc,
Bear Mr. Green: V.C.S.
You have requested an opinion from this office concerning
the extent of the authority of your Board under Article 24gc,
Vernon's Civil Statutes, to inquire into the qualifications of
applicants for license as a Landscape Architect.
Your questions to us are:
(1) Whether the terminology of the "grand-
father" clause of said Article makes it mandatory
to issue a license without examination, to any in-
dividual, otherwise qualified, who makes application
for same and states that he has, for a period of
not less than three years, regularly represented
himself to be landscape architect engaged in the
practice of landscape architecture, or,
(2) Whether the Board has authority under
this Article to make further inquiry into the
contents of the appllcatlon where they are not
satisfied as to the applicant's qualifications
as defined In this Article, and require specific
evidence of his qualifications to receive a
license without examination.
Section 5(a) of Article 249 (c), containing the "grand-
father" clause reads as follows:
"Any person over the age of 21 years not-
withstanding any other provisions of this Act, who
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. .
Mr. Robert H. Green, page 2 (M-641)
submits evidence to the board that prior to the
passage of this Act, that he is a resident of
Texas and a citizen of the United States, possesses
good moral character, and who has, for a period of
not less than three years, regularly represented
himself to be a landscape architect engaged in the
practice of landscape architecture, as defined In
this Act, shall be entitled to receive, without
examination, a license to practice landscape
architecture as a landscape architect, If he files
such application within six months of this Act being
enacted into law. Such application shall be
accompanied by a fee of $50."
Section l(b) of Article 249(c) defines the meaning of
'Landscape Architect" as follows:
"Landscape Architecture' means the performance
of professional services such as consultation, in-
vestigation, research, preparation of general develop-
ment and detailed design plans, studies, specifications
and responsible supervision In connection with the
development of land areas where, and to the extent
that, the principal purpose of such service is to
arrange and modify the effects of natural scenery
for aesthetic effect, considering the use of natural
forms, features, and plantings, including ground
and water forms, vegetation, circulation, walks,
and other landscape features to fulfill aesthetic
and functional requirements but shall not include
any services or functions within the definition
of the practice of Engineering, Public Surveying,
or Architecture as defined by the laws of this
state."
Section 4(a) of Article 249(c), provides, in part, that:
II
. . e the board shall not have any power
or authority to amend or enlarge upon any pro-
vision of this Act by rule or regulation or by
rule or regulation to change the meaning in any
marine;whatsoever of any provision of this Act.
e D .
It follows that It Is mandatory that the Board issue
a license as a Landscape Architect to all applicants over the age
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Mr. Robert H. Green, page 3 (M-641)
of 21 years who are citizens of the United States and possess
good moral character, etc., who state that they have, for a
period of not less than three (3) years, regularly represented
themselves to be landscape architects engaged in the practice
of landscape architecture, unless the Board is not satisfied as
to said applicant's having met the requirements defined under
Section 5(a). To the contrary, It is a responsibility of the
Board to satisfy themselves by whatever reasonable inquiry is
necessary that such applicants are qualified, as defined In
Section T(a), and deny a license to applicants, where they do
not meet such requirements. The Board is not authorized to
require an examination as to professlonal qualifications.
SUMMARY
It Is mandatory that the Texas State Board of
Landscape Architects issue a license as a Landscape
Architect, without examination, to all applicants,
otherwise qualified, who state that they have, for
a period of not less than three (3) years, regularly
represented themselves to be Landscape Archit~ects
engaged in the practice of landscape architecture,
unless the Board Is not satisfied as to said ap-
plicant's having the requirements as defined under
Section 5(a), It fs a duty and responsibility of
said Board to satisfy themselves by whatever
reasonable inquiry is necessary, that such ap-
plicants meet the requirements of Section 5(a)
and to deny a lfcense to applicants where they
do not meet such requireme
Prepared by Sam L. Jones, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
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Mr. Robert ?I.Green, page 4 (M-641)
Ivan Williams
Jack Goodman
Fielding Early
Jack Sparks
MEADE F. GRIFFIN
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLA WRITE
First Assistant
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