E ATTORNEY GENERAL 

OF TEXAS 

AURTIN. TBfZKAS 78711 

March 18, 1977 

The Honorable Bill Clayton 

Speaker of the House 

State Capitol 

Austin, Texas 78701 

Opinion No. H-960 

Re: Construction of article 

249c pertaining 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 

us whether the Board of Landscape Architects may issue only 

procedural rules for practice before it. You have further 

asked that we reconsider our decision in Attorney General 

Opinion H-495 (1975) that plumbing is a profession within 

the disclaimer contained in section 12 of article 249c. 

See also Attorney General Opinion H-890 (1976). -- 

Finally, 

you have asked whether a licensed landscape irrigator may 

connect a landscape irrigation system to a raw or potable 

water supply and whether a licensed plumber may do so without 

a landscape irrigation license. 

Section 4(a) of article 249c was amended in 1973 to 

broaden the powers of the Board of Landscape Architects. 

Before the amendment the Board could "promulgate procedural 

rules and regulations only . . . to govern the conduct of 

its business . . . ." Section 4(a) presently provides that: 

The board shall promulgate procedural rules 

and regulations . . . to govern the conduct 

of its business and proceedings, and setting 

standards governing the connections to any 

public or private water supply system by a 

landscape irrigator. 

Clearly, the Board is now authorized to adopt regulations 

setting standards for the connection to water supply systems 

by its licensees; to that extent its rule making authority is 

not limited to procedural matters. 

P. 4002 
- - 

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

In H-495 we decided that plumbing was within the meaning 

of "profession' as used in section 12 of article 249c, which 

provides in part: 

[Plrovided however, that this Act 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 in article 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 in Opinion H-495, section 2(a) (2) of article 

6243-101 defines "plumbing" to include: 

[T]he installation, repair and maintenance 

of all piping, fixtures, appurtenances and 

appliances in and about buildings where 

a person or persons live, work or assemble, 

for a supply of gas, water, or both, or 

disposal of waste water or sewage. 

The connection of pipes to a water supply is clearly 

within this definition if it takes place "in and about 

buildings where a person 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 is not "in and about" such buildings 

it may come within 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 12 of article 249c, the definition of "plumbing" 

must predominate. 

p. 4003 
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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 to water supply systems 

which are applicable to its licensees. 

"Plumbing" is a profession within section 12 

of article 249c. Where connection to water 

supply systems constitutes "plumbing" under 

article 6243-101, generally only a licensed 

plumber may make the connection. Where it does 

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 

p. 4004