Mrs. Kathryn Mitchell

Executive Secretary Texas State Board ofLandscape Architects Box 12292, Capitol Station Austin, Texas 78711 Opinion No. M- 926 Re: Applicability ofHouse Bill 76, Acts 62nd Leg., R. S., 1971, Professional Services Procurement Act to Landscape Architects licensed under Article 249c, V.C. S. Dear Mrs. Mitchell: You have requested our answer to the question which we rephrase, as follows:

‘Eoes the definition of ‘professional services’ inHouse Bill 76, Acts 62nd Leg., R. S., 1971* apply to landscape architects licensed by the Board ofLandscape Architects pursuant toArticle 249c, V.C.S.?” The definition referred to is a portion ofSection 2of the new legislation (hereinafter referred to as the Act) which reads as follows:

‘Sec. 2. For purposes ofthis Act the term ‘professional services’ shall mean those within the scope ofthe practice of accounting, architecture, optometry, medicine or professional engineering as defined bythe laws ofthe State of Texas or those performed byany licensed architect, optometrist, physician, surgeon, certified public accountant or professional engineer in connection with his professional employment or practice. ” (Emphasis added. ) Further, Section 3reads, in part, as follows:

“Sec. 3. Nostate agency, political subdivision, county, municipality, district, authority or publicly-owned utility * Codified byVernon as Art, 664-4, V.C.S., shown at p. 72, Vernon’s Session Laws, 62nd Leg., R. S., 1971. -4518-Hon. Kathryn Mitchell, page 2 (M-926)

of the State ofTexas shall make any contract for, or engage the professional services of, any licensed physician, optometrist, surgeon, architect, certified public accountant or registered engineer, or any group or association thereof, selected on the basis of competitive bids submitted for such contract or for such services tobe performed,

...” (Emphasis added, ) Your question resolves itself into adetermination ofwhether the Act exempts landscape architects from the State’s competitive bidding requirements along with the other named professions. Our answer is 

### that landscape architects are not included in the Act. Initially, it should be noted that architecture and landscape architecture are not synonymous. The architect profession is administered by the Board ofArchitectural Examiners in accordance with Article 249a, V.C. S. The Texas State Board of Landscape Architects is a separate administrative body regulating landscape architecture, established byArticle 249c, V.C. S. Entry requirements ofthe professions as required by the statutes are quite different. The definition of landscape architecture in Article 249c, Section l(b) provides in part as follows: “Such services [ofa landscape architect] shall not include any services or function within the definition ofthe practice of Engineering, Public Surveying, or Architecture as defined bythe laws ofthis State. ” Therefore, the use of theword “architect” in the Act does notinclude landscape architects within its meaning. Examination ofthe Act reveals a legislative intent to confine the Act’s operation to named professions, i. e., accounting architecture, optometry, medicine and professional engineering. The Act is silent on the 

### inclusion of other professions under a broad or generic listing. That portion of Section 3listing the professions covered by the Act, followed bythe statement “orany group or association thereof ”, is related to the grouping of members ofthe named professions. It is fundamental that there is noroom for judicial construction when the statute and its meaning are clear andunambiguous. Fox v. Burgess, 157 Tex. 292, 302 S.W.2d 405 (1957). As stated in 53 Tex. Jur. 2d 175, Statutes, Sec. 123: -4519-Hon. Katbryn Mitchell, page 3 (M-926)

“In other words, a court is not authorized to indulge in conjecture as to the intention ofthe legislature, or to look to the consequences ofa particular construction, unless the meaning ofthe statute is doubtful. ” The above holding is appropriate here, since the Act 

### is not subject to more than one interpretation. Had the Legislature intended to cover other professions in the Act, it could have so provided. Its failure to do so prevents the inclusion of landscape architects in the Act. SUMMARY The Professional Services Procurement Act, House Bill 76, Acts 62nd Leg., R. S., 1971, is not applicable to landscape architects licensed by the Board of Lydscape Architects pursuant to Article 249c, V.C. S. ,..,,~,. ,,i V&y truly yours,

era1 ofTexas Prepared by Thomas F. Sedberry Assistant Attorney General APPROVED OPINION COMMITTEE Kerns Taylor, Chairman Bill Allen, Co-Chairman Ed Esquivel Ken Nordquist Dick Chote Dunklin Sullivan MEADE F. GRIFFIN Staff Legal Assistant NOLA WHITE First Assistant -4520-