22 Tex. Admin. Code § 3.122 - Association
(a) A Landscape Architect or a Principal, on
behalf of a Landscape Architecture firm, who forms a business association to
jointly provide landscape architectural services with any Nonregistrant who is:
(1) not an employee of the Landscape
Architect or Landscape Architecture firm;
(2) not a client of the Landscape Architect
or Landscape Architecture firm; and
(3) not a subcontractor nor a consultant of
the Landscape Architect or Landscape Architecture firm under contract with a
client except as described in subsection (e) of this section shall, prior to
providing such services on behalf of the business association, enter into a
written agreement of association with the Nonregistrant whereby the Landscape
Architect or the Landscape Architecture firm agrees to be responsible for the
preparation of all Construction Documents issued by the association.
(b) The written agreement of
association shall include the following:
(1)
The date when the agreement to associate is effective;
(2) The name, address, telephone number,
registration number, and signature of the Landscape Architect or Principal on
behalf of a Landscape Architecture firm which has agreed to associate with the
Nonregistrant;
(3) The name,
address, telephone number, and signature of the Nonregistrant with whom the
Landscape Architect or Principal has agreed to associate.
(c) The Landscape Architect or Principal
shall prepare or exercise Supervision and Control over the preparation of all
Construction Documents issued by the association unless the Construction
Documents are prepared and issued as described in subsection (e) of this
section. All Construction Documents prepared pursuant to the association
described in this section shall be sealed, signed, and dated in accordance with
the provisions of Subchapter F.
(d)
The Landscape Architect who seals Construction Documents on behalf of the
association shall retain paper or electronic copies of them, together with the
written agreement of association, and make them available for review by the
Board for ten (10) years after the date of the Landscape Architect's signature
on the Construction Documents.
(e)
If, pursuant to §
1052.005(b)
of the Texas Occupations Code, a Texas Landscape Architect associates with a
person who is not a Texas Landscape Architect but is registered as a landscape
architect in another jurisdiction and does not maintain or open an office in
Texas, the Texas Landscape Architect shall, at a minimum, exercise Responsible
Charge over the preparation of all Construction Documents issued for use in
Texas as a result of the association. The Texas Landscape Architect shall seal,
sign, and date all Construction Documents issued for use in Texas as a result
of the association in the same manner as if the Landscape Architect had
prepared the Construction Documents or they had been prepared under the
Landscape Architect's Supervision and Control. All other requirements of this
section relating to associations apply to an association between a Landscape
Architect and a person registered as a landscape architect in another
jurisdiction regardless of whether the Texas Landscape Architect or the
landscape architect from another jurisdiction acts as the "consultant" as that
term is used in §
1052.005(b)
of the Texas Occupations Code.
Notes
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