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 Architect under 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 qualifications of 

applicants for license as a Landscape Architect. 

Your questions to us are: 

(1) Whether the terminology of the "grandfather" clause of said Article makes it mandatory 

to issue a license without 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 landscape architect engaged in the 

practice of landscape architecture, or, 

(2) Whether the Board has authority under 

this Article to make further inquiry into the 

contents of the appllcatlon where they are not 

satisfied as to the applicant's qualifications 

as defined In this Article, and require specific 

evidence of his qualifications to receive a 

license without examination. 

Section 5(a) of Article 249 (c), containing the "grandfather" clause reads as follows: 

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

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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 landscape architect engaged in the 

practice of landscape architecture, as defined In 

this Act, shall be entitled to receive, without 

examination, a license to practice landscape 

architecture as a landscape architect, If he files 

such application within six months of this Act being 

enacted into law. Such application shall be 

accompanied by a fee of $50." 

Section l(b) of Article 249(c) defines the meaning of 

'Landscape Architect" 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 connection with the 

development of land areas where, and to the extent 

that, the principal purpose 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, including ground 

and water forms, vegetation, circulation, walks, 

and other landscape features to fulfill aesthetic 

and functional requirements but shall not include 

any services or functions within 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 enlarge upon any provision of this Act by rule or regulation or by 

rule or regulation to change the meaning 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 Landscape Architect to all applicants over the age 

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

of 21 years who are citizens of the United 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 landscape architects engaged in the practice 

of landscape architecture, unless the Board is not satisfied as 

to said applicant's having met the requirements defined under 

Section 5(a). To the contrary, It is a responsibility of the 

Board to satisfy themselves by whatever reasonable inquiry is 

necessary that such applicants are qualified, as defined In 

Section T(a), and deny a license to applicants, where they do 

not meet such requirements. The Board is not authorized to 

require an examination as to professlonal qualifications. 

SUMMARY 

It Is mandatory that the Texas State Board of 

Landscape Architects issue a license as 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 landscape architecture, 

unless the Board Is not satisfied as to said applicant's having the requirements as defined under 

Section 5(a), It fs a duty and responsibility of 

said Board to satisfy themselves by whatever 

reasonable inquiry is necessary, that such applicants meet the requirements of Section 5(a) 

and to deny a lfcense to applicants where they 

do not meet such requireme 

Prepared by Sam L. Jones, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

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

Ivan Williams 

Jack Goodman 

Fielding Early 

Jack Sparks 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFREDWALKER 

Executive Assistant 

NOLA WRITE 

First Assistant 

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