22 Tex. Admin. Code § 3.5 - Terms 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.
(38) Principal--A Landscape Architect who is
responsible, either alone or with other Landscape Architects, for an
organization's practice of Landscape Architecture.
(39) Prototypical--From or of a landscape
architectural design intentionally created not only to establish the landscape
architectural parameters of a project but also to serve as a functional model
on which future variations of the basic landscape architectural design would be
based for use in additional locations.
(40) Registrant--Landscape
Architect.
(41) Regulatory
Approval--The approval of Construction Documents by the applicable Governmental
Entity after a review of the landscape architectural content of the
Construction Documents as a prerequisite to construction of a
project.
(42) Reinstatement--The
procedure through which a Surrendered or revoked Texas landscape architectural
registration certificate is restored.
(43) Renewal--The procedure through which a
Landscape Architect pays a periodic fee so that the Landscape Architect's
registration certificate will continue to be effective.
(44) Responsible charge--That degree of
control over and detailed knowledge of the content of technical submissions
during their preparation as is ordinarily exercised by registered landscape
architects applying the applicable landscape architectural standard of
care.
(45) Revocation or
Revoked--The termination of a landscape architectural certificate by the
Board.
(46) Rules and Regulations
of the Board--22 Texas Administrative Code §§3.1et seq.
(47) Rules of Procedure of SOAH--1 Texas
Administrative Code §§155.1et seq.
(48) Secretary-Treasurer--The member of the
Board responsible for signing the official copy of the minutes of each Board
meeting and maintaining the record of Board members' attendance at Board
meetings.
(49) Signature--A
personal signature of the individual whose name is signed or an authorized copy
of such signature.
(50) SOAH--State
Office of Administrative Hearings.
(51) Sole Practitioner--A Landscape Architect
who is the only design professional to offer or render landscape architectural
services on behalf of a business entity.
(52) State Office of Administrative Hearings
(SOAH)--A Governmental Entity created to serve as an independent forum for the
conduct of adjudicative hearings involving the executive branch of Texas
government.
(53) Supervision and
Control--The amount of oversight by a landscape architect overseeing the work
of another whereby:
(A) the landscape
architect and the individual performing the work can document frequent and
detailed communication with one another and the landscape architect has both
control over and detailed professional knowledge of the work; or
(B) the landscape architect is in Responsible
Charge of the work and the individual performing the work is employed by the
landscape architect or by the landscape architect's employer.
(54) Supplemental Document--A
document that modifies or adds to the technical landscape architectural content
of an existing Construction Document.
(55) Surrender--The act of relinquishing a
Texas landscape architectural registration certificate along with all
privileges associated with the certificate.
(56) Sustainable Design--An integrative
approach to the process of design which seeks to avoid depletion of energy,
water, and raw material resources; prevent environmental degradation caused by
facility and infrastructure development during their implementation and over
their life cycle; and create environments that are livable and promote health,
safety and well-being. Sustainability is the concept of meeting present needs
without compromising the ability of future generations to meet their own
needs.
(57) Table of Equivalents
for Experience in Landscape Architecture--22 Texas Administrative Code §
3.191 and §
3.192 of this chapter.
(58) TBAE--Texas Board of Architectural
Examiners.
(59) TDLR--Texas
Department of Licensing and Regulation.
(60) Texas Department of Licensing and
Regulation (TDLR)--A Texas state agency responsible for the implementation and
enforcement of the Texas Architectural Barriers Act.
(61) Vice-Chair--The member of the Board who
serves as the assistant presiding officer and, in the absence of the Chair,
serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds
the Chair until a new Chair is appointed.
Notes
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