1. (a) For the purposes of this section, terms shall have the following definitions:

   1. (1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.
   2. (2) "Armed forces of the United States" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.

   3. (3) "Good Standing" means an Applicant:

      1. (A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
      2. (B) has not been disciplined by the licensing authority with respect to the license or person's practice of landscape architecture; and
      3. (C) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.
   4. (4) "License" means a license or registration to practice landscape architecture.
   5. (5) "Military service member" means a person who is on active duty.
   6. (6) "Military spouse" means a person who is married to a military service member.
   7. (7) "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.

2. (b) Expedited Licensure Procedure for a Military Service Member, Military Veteran, or Military Spouse.

   1. (1) A military service member, military veteran, or military spouse may apply for a registration in accordance with:

      1. (A) §3.21 of this chapter (relating to Registration by Examination);
      2. (B) §3.22 of this chapter (relating to Registration by Reciprocal Transfer); or
      3. (C) §55.004, Texas Occupations Code.

   2. (2) A military service member, military veteran, or military spouse is eligible for registration under §55.004, Texas Occupations Code if:

      1. (A) the Applicant holds a current license issued by another state that is similar in scope of practice to a Texas landscape architectural registration and is in Good Standing with that state's licensing authority; or
      2. (B) the Applicant held a Texas landscape architectural registration within the five years preceding the application date under this subsection.
   3. (3) Not later than the 10th business day after the date a military service member, military veteran, or military spouse files an application for registration under §3.21 or §3.22 of this chapter, the Board shall process the application and issue a registration to a qualifying Applicant.

   4. (4) On receipt of an application for registration in accordance with §55.004, Texas Occupations Code, the Board shall promptly issue a provisional registration to the Applicant while the Board processes the application or issue the registration. A provisional registration issued under this subsection expires on the earlier of:

      1. (A) the date the Board approves or denies the application for registration; or
      2. (B) the 180th day after the date the provisional registration is issued.

3. (c) Recognition of Out-of-State License of Military Service Members and Military Spouses.

   1. (1) As applicable, a military service member or military spouse who holds a current license issued by another state that is similar in scope of practice to a Texas landscape architectural registration and who is in Good Standing with that state's licensing authority may submit an application to the Board to request recognition of the out-of-state license in accordance with the provisions of §55.0041, Texas Occupations Code, if:

      1. (A) the military service member has been ordered to relocate to Texas, or
      2. (B) the military spouse is married to a military service member who has been ordered to relocate to Texas.
   2. (2) An Applicant whose out-of-state license is recognized under this subsection may engage in the practice of landscape architecture in this state without obtaining a registration.

   3. (3) Prior to engaging in the practice of landscape architecture under this subsection, the Applicant must submit the following information to the Board to demonstrate eligibility for recognition of an out-of-state license:

      1. (A) a copy of the member's military orders showing relocation to this state;
      2. (B) if the Applicant is a military spouse, a copy of the military spouse's marriage license; and

      3. (C) a notarized affidavit affirming under penalty of perjury that:

         1. (i) the Applicant is the person described and identified in the application;
         2. (ii) all statements in the application are true, correct, and complete;
         3. (iii) the Applicant understands the scope of practice for a landscape architect in this state and will not perform outside of that scope of practice; and
         4. (iv) the Applicant is in Good Standing in each state in which the Applicant holds or has held a license.

   4. (4) Not later than 10 business days after a military service member or military spouse files an application for registration under this subsection, the Board shall:

      1. (A) Notify the Applicant of the Board's determination that:

         1. (i) the Board recognizes the Applicant's out-of-state license;
         2. (ii) the application is incomplete; or
         3. (iii) the Board is unable to recognize the Applicant's out-of-state license because the Board does not issue a registration similar in scope of practice to the Applicant's license; or
      2. (B) Issue a provisional registration to the Applicant pending the issuance of a determination under paragraph (4)(A) of this subsection.

   5. (5) A provisional registration issued under this subsection expires on the earlier of:

      1. (A) the date the Board issues a determination under paragraph (4)(A) of this subsection; or
      2. (B) the 180th day after the date the provisional registration is issued.
   6. (6) An Applicant under this subsection shall comply with all other laws and regulations applicable to the practice of landscape architecture in this state.
   7. (7) A military service member or military spouse may engage in the practice of landscape architecture under the authority of this subsection only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.
   8. (8) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the practice of landscape architecture under the authority of this subsection until the third anniversary of the date the spouse submitted the application required under paragraph (3) of this subsection.

4. (d) The Board will review and evaluate the following criteria when determining whether another state's scope of practice of a licensed landscape architect is similar to the scope of practice of a landscape architect in Texas:

   1. (1) Whether the statutory definition of the practice of landscape architecture includes the core functions recognized in Texas;
   2. (2) Whether landscape architects are responsible for public health, safety, and welfare in a manner comparable to Texas;
   3. (3) Whether the other state restricts landscape architectural services to licensed landscape architects in a manner consistent with Texas practice;
   4. (4) The similarity of exemptions from licensure and whether such exemptions materially alter the scope of services landscape architects perform;
   5. (5) The similarity of requirements for responsible charge or responsible control, including duties related to supervision, document preparation, and sealing construction documents for regulatory approval, permitting, or construction;
   6. (6) Whether landscape architects have comparable responsibilities for building code compliance, accessibility, life-safety considerations, and related regulatory obligations;
   7. (7) The extent to which the division of responsibilities between landscape architects and other licensed professions, such as architects and engineers, aligns with Texas practice;
   8. (8) Whether rules, interpretations, or guidance issued by the other state's landscape architectural licensing board result in a functional scope of practice comparable to Texas; and
   9. (9) The similarity of enforcement mechanisms, disciplinary authority, and standards of professional responsibility that define and limit the scope of practice.
5. (e) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.
6. (f) The Board shall not charge an application or examination fee paid to the Board for any Applicant who is a military service member, military veteran, or military spouse.
7. (g) A military service member is exempt from any increased fee or other penalty for failing to renew a registration in a timely manner if the individual establishes to the satisfaction of the Board that the failure was due to the individual serving as a military service member.

Source Note:The provisions of this §3.29 adopted to be effective November 23, 2014, 39 TexReg 9007; amended to be effective March 22, 2016, 41 TexReg 2161; amended to be effective April 5, 2020, 45 TexReg 2183; amended to be effective March 28, 2024, 49 TexReg 1930; amended to be effective March 29, 2026, 51 TexReg 2063.