SECTION 3.141. General

(a) These rules of professional conduct are promulgated pursuant to the Landscape Architects' Registration Law (the Act), Chapters 1051 and 1052, Texas Occupations Code which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of landscape architecture and the enforcement of the Act. Except as otherwise noted, these rules of professional conduct apply only to situations which are directly or indirectly related to the practice of landscape architecture.

(b) The Board may revoke, suspend, or refuse to renew a Landscape Architect's certificate of registration, place on probation a Landscape Architect whose certificate of registration has been suspended, reprimand a Landscape Architect, or assess an administrative penalty against a Landscape Architect for a violation of any provision of these rules of professional conduct or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to section 3.151. A single instance of misconduct may be grounds for disciplinary action by the Board.

(c) Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:

(1) the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;

(2) the economic damage or potential damage to property caused by the misconduct;

(3) the respondent's history concerning previous grounds for sanction;

(4) the sanction necessary to deter future misconduct;

(5) efforts to correct the misconduct; and

(6) any other matter justice may require.

(d) These rules of professional conduct are not intended to suggest or define standards of care in civil actions against Landscape Architects involving their professional conduct.

(e) A Landscape Architect may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all landscape architectural services rendered regardless of whether the Landscape Architect is paid for the services.

Source Note: The provisions of this §3.141 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective July 5, 2004, 29 TexReg 6284; amended to be effective March 20, 2009, 34 TexReg 1851