The Honorable Robert H. Green Opinion No. H- 926 Chairman of the Board Texas State Board of Landscape Re: Constitutionality of Architects requirement that a landscape 320 SamHouston Building architect be aUnited Austin, Texas 78701 States citizen and Texas resident.

Dear Mr. Green:

You have asked our opinion whether theState Board of Landscape Architects may constitutionally enforce the citizenship and residence requirements for registration of landscape architects and landscape irrigators as stated in section S(a)(2) of article 249c,V.T.C.S. That section provides inpertinent part:

Any person who is a resident of the State of Texas and a citizen of theUnited States over the age of 21years, possessing good moral character, and having orholding
a degree from a school whose study of landscape architecture is approved by theboard, or shall have had not less than sevenyears actual experience in the office ofa licensed landscape architect, may apply for examination and such application shall be accompanied by a fee of $50.
This office has previously concluded that statutory requirements ofUnited States citizenship may not constitutionally be applied to deny examination and licensing tononcitizen applicants by the State Board of Medical Examiners, Attorney General Opinions H-157 (1973),R-2247 (19501,O-866 (19391, by the State Board of Public Accountancy, Attorney General Opinion H-81 (1973).or by the Board ofVocational Nurse Examiners, Attorney General Opinion M-447 (1969). Any doubt

P* 30?7The Honorable Robert H. Green -page 2 (H-926)

as to the correctness of these decisions has been conclusively resolved by theUnited States Supreme Court inExaminin Board of En ineers Otero,T6 S.Ct.

+;4 ";g;yga~ &i;~,~13
U.S. 717 (1973);Sugarman v. Dougall, 413 U.S. 634 (1973) and Graham v. Richardson, n3 U.S. 365 (1971). The Court therefound substantial or constitutionally permissible governmental interest ina requirement of United States citizenship forregistration as a licensed engineer, architect
or surveyor intheCommonwealth of Puerto Rico. Under these authorities, the State Board of Landscape Architects may not constitutionally deny examination or registration asa landscape architect to any applicant because he isnot a citizen of theUnited States.
Section 5(a)(2)also requires that an applicant for examination asa landscape architect be a resident of Texas. We note, however, that section 6of article 249cprovides for the registration without examination of an applicant who is legally registered as a landscape architect or irrigator inanother statewhere requirements for registration are at least substantially equivalent to the requirements of Texas, so long as the applicant's state of registration extends the
same privilege of reciprocity to landscape architects and irrigators registered inTexas. We are advised that almost all states, including all adjoining states, have registration procedures and reciprocity policies which enable landscape architects licensed therein topractice their profession in Texas, and that nooccasion has arisen inwhich anonresident landscape architect has been denied registration under Texas' reciprocity policy. Inasmuch as the residence requirement of section 5(a)(2)apparently presents no obstacle tononresident landscape architects who wish tobe registered in this State, and could involve abalancing of factual considerations which arenot before us,we believe an evaluation of the constitutionality of that residence requirement, under either the Equal Protection Clause of the Fourteenth Amendment
or the Commerce Clause of the Constitution, tobe an inappropriately speculative and academic endeavor.

We note that the citizenship and residence requirements of section 5(a)(2)apply only to the examination of landscape architects. No citizenship or residence requirement is imposed upon landscape irrigators under section 5(b)of article 249c. To be eligible forregistration as a landscape irrigator, an applicant must merely be "ofgoodmoral character," and have "byauniform, reasonable examination," shown himself qualified to engage in the business of landscape irrigation.

P. 3878. .

I

The Honorable Robert H. Green -page 3 (H-926)

SUMMARY

The Texas State Board of Landscape Architects may not constitutionally deny examination or registration as a landscape architect because theapplicant isnot a citizen of theUnited States. truly yours,

Opinion Committee jwb

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