SECTION 3.144. Dishonest Practice

(a) A Landscape Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:

(1) defraud;

(2) deceive; or

(3) create a misleading impression.

(b) A Landscape Architect may not advertise in a manner which is false, misleading, or deceptive.

(c) A Landscape Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded landscape architectural work. A Landscape Architect may not give landscape architectural plans, design services, pre-bond referendum services, or any other goods or services of significant value to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select a Landscape Architect to render publicly funded landscape architectural work. The term "significant value" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its offer or acceptance would affect the governmental entity's selection of a Landscape Architect or would create the appearance of an obligation or bias on the part of the governmental entity to select the Landscape Architect to perform the landscape architectural work.

(d) For purposes of this section, a Landscape Architect's conduct is intentional, or with intent, if the nature of the conduct or a reasonable result of the conduct demonstrates a conscious objective or desire to engage in the conduct or cause the result. A Landscape Architect's intent or knowledge may be established by circumstantial evidence.

Source Note: The provisions of this §3.144 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective July 18, 2007, 32 TexReg 4395; amended to be effective March 3, 2013, 38 TexReg 1183; amended to be effective November 23, 2014, 39 TexReg 9007