### E ATTORNEY GENERAL OF TEXAS
AURTIN. **TBfZKAS** 78711

March 18, 1977

The Honorable Bill Clayton Speaker of theHouse State Capitol Austin, Texas 78701 Opinion No. H-960 Re: Construction of article 249cpertaining to landscape irrigation. Dear Speaker Clayton: You have requested our opinion concerning the construction of article 249c,V.T.C.S., which provides for the regulation of the practice of landscape architecture. You have asked uswhether the Board of Landscape Architects may issue only procedural rules forpractice before it. You have further asked thatwe reconsider our decision inAttorney General Opinion H-495 (1975)thatplumbing is aprofession within the disclaimer contained in section 12of article 249c. See alsoAttorney General Opinion H-890 (1976). -- Finally, you have asked whether a licensed landscape irrigator may connect a landscape irrigation system to a raw orpotable water supply andwhether a licensed plumber may do sowithout a landscape irrigation license. Section 4(a) of article 249cwas amended in 1973 to broaden thepowers of the Board of Landscape Architects. Before the amendment the Board could "promulgate procedural rules and regulations only
. . .to govern the conduct of itsbusiness
. . . ." Section 4(a)presently provides that:

The board shall promulgate procedural rules and regulations
. . .to govern the conduct of itsbusiness andproceedings, and setting standards governing the connections to any public or private water supply system by a landscape irrigator. Clearly, the Board isnow authorized to adopt regulations setting standards for the connection towater supply systems by its licensees; to that extent its rulemaking authority is not limited toprocedural matters.

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The Honorable Bill CiaytOn -page 2. (H-960)

InH-495 we decided that plumbing was within themeaning of "profession' as used in section 12of article 249c,which provides inpart:

[Plrovided however, that thisAct shall not be construed as repealing or amending any laws affecting or regulating any other profession. Consequently, we decided that a landscape architect could not perform work which was within the definition of "plumbing" contained inarticle 6243-101, V.T.C.S., for section 14 thereof prohibits such unlicensed practice. Attorney General Opinion H-495 was issued on January 15, 1975, at the beginning of the regular session of the 64th Legislature. The statutes were not amended, and in light of this apparent legislative acquiesence we reaffirm our construction of section 12 of article 249c. As noted inOpinion H-495, section 2(a)(2)of article 6243-101 defines "plumbing" to include:

[T]he installation, repair andmaintenance of all piping, fixtures, appurtenances and appliances in and about buildings where aperson or persons live,work or assemble, for a supply of gas, water, or both, or disposal ofwaste water or sewage.
The connection ofpipes to awater supply is clearly within this definition if it takes place "inand about buildings where aperson or persons live,work or assemble." Subject to certain exceptions, only a licensed plumber may make such installations. V.T.C.S. art. 6243-101, S§ 3, 14. Where the installation isnot "inand about" suchbuildings itmay comewithin the definition of landscape irrigation under article 249c. See Sec. 5. Where it is so classified, with some exceptions,

only a licensed landscape irrigator may make the connection. V.T.C.S. art. 249c, $§ 2, 5(b). We are fully aware of the overlapping nature of the statutory definitions and the ambiguities resulting therefrom, but under section 12of article 249c, thedefinition of "plumbing" must predominate.

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The Honorable Bill Clayton -page 3. (H-960)

SUMMARY The Board of Landscape Architects may promulgate regulations setting standards for connections towater supply systems which are applicable to its licensees. "Plumbing" is aprofession within section 12 of article 249c. Where connection towater supply systems constitutes "plumbing" under article 6243-101, generally only a licensed plumber may make the connection. Where itdoes not constitute "plumbing" and is "landscape irrigation" under article 249c, generally only a landscape irrigator may make the connection. Very truly yours,

APPROVED:

DAVID M.,&ENDALL,

Opinion Committee lfd

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