Mr. Robert H. Green, Chairman opinion NO. M- 6.41

Texas State Board of Landscape Architects Rez Extent of authority of P. 0. Box 12292 the Texas State Board of Capitol Station Landscape Architects to Austin, Texas 

### 78711 make inquiry into qualifications of applicants for license as Landscape Architectunder Article 24gc, Bear Mr. Green: V.C.S.

You have requested an opinion from this office concerning the extent of the authority of your Board under Article 24gc, Vernon's Civil Statutes, to inquire into the qualificationsof applicants for licenseas a LandscapeArchitect.

Your questions to us are: (1) Whether the terminology of the "grandfather" clause of said Articlemakes itmandatory to issue a licensewithout examination,to any individual, otherwise qualified,who makes application for same and states that he has, for a period of not less than three years, regularly represented himself to be landscapearchitect engaged in the practice of landscapearchitecture,or, (2) Whether the Board has authority under this Article to make further inquiry into the contents of the appllcatlonwhere they are not satisfied as to the applicant's qualifications as defined In this Article, and require specific evidence of his qualificationsto receive a licensewithout examination. Section 5(a) of Article 249 (c), containing the "grandfather" clause reads as follows:

"Anyperson over the age of 21 years notwithstanding any other provisions of this Act, who

-3063-. .

Mr. Robert H. Green, page 2 (M-641)

submits evidence to the board that prior to the passage of this Act, that he is a resident of Texas and a citizen of the United States, possesses good moral character, and who has, for a period of not less than three years, regularly represented himself to be a landscapearchitect engaged in the practice of landscapearchitecture,as defined In this Act, shallbe entitled to receive,without examination,a license to practice landscape architecture as a landscapearchitect, If he files such applicationwithin sixmonths of this Act being enacted into law. Such application shall be accompaniedby a fee of $50." Section l(b) of Article 249(c) defines themeaning of 'LandscapeArchitect" as follows:

"Landscape Architecture'means the performance of professional services such as consultation, investigation,research, preparation of general development and detailed design plans, studies, specifications and responsible supervision In connectionwith the development of land areas where, and to the extent that, the principalpurpose of such service is to arrange and modify the effects of natural scenery for aesthetic effect, considering the use of natural forms, features, and plantings, includingground and water forms, vegetation, circulation,walks, and other landscape features to fulfill aesthetic and functionalrequirementsbut shall not include any services or functionswithin the definition of the practice of Engineering, Public Surveying, or Architecture as defined by the laws of this state." Section 4(a) of Article 249(c),provides, in part, that: II

. . e the board shall not have any power or authority to amend or enlargeupon any provision of this Act by rule or regulation or by rule or regulation to change themeaning in any marine;

whatsoever of any provision of this Act. e D
. It follows that It Is mandatory that the Board issue a license as a LandscapeArchitect to all applicants over the age

-3064-Mr. Robert H. Green, page 3 (M-641)

of 21 years who are citizens of theUnited States and possess good moral character,etc., who state that they have, for a period of not less than three 

### (3)years, regularly represented themselves to be landscapearchitects engaged in the practice of landscapearchitecture,unless the Board is not satisfiedas to said applicant'shavingmet the requirementsdefinedunder Section 5(a). To the contrary, It is a responsibility of the Board to satisfy themselvesby whatever reasonable inquiry is necessary that such applicants are qualified, asdefined In Section T(a), and deny a license to applicants,where they do notmeet such requirements. The Board is not authorized to require an examinationas to professlonal qualifications.
SUMMARY
It Is mandatory that the Texas State Board of Landscape Architects issue a licenseas a Landscape Architect,without examination, to all applicants, otherwise qualified,who state that they have, for a period of not less than three 

### (3)years, regularly represented themselves to be Landscape Archit~ects engaged in the practice of landscapearchitecture, unless the Board Is not satisfiedas to said applicant'shaving the requirements as defined under Section 5(a), It fs a duty and responsibility of saidBoard to satisfy themselvesby whatever reasonable inquiry is necessary, that such applicantsmeet the requirements of Section 5(a) and to deny a lfcense to applicantswhere they do notmeet such requireme

Preparedby Sam L. Jones, Jr. Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman

-3065-. 1

Mr. Robert ?I.Green, page 4 (M-641)

IvanWilliams Jack Goodman Fielding Early Jack Sparks
MEADE F. GRIFFIN Staff Legal Assistant
ALFREDWALKER Executive Assistant
NOLA WRITE First Assistant

-3066-