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Mississippi Legislature· HB 346Approved by Governor (Chapter 357)

Landscape architects; authorize to participate with multi-disciplinary engineer and architecture firms., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Business and Commerce

By: Representative Creekmore IV

House Bill 346

(As Sent to Governor)

AN ACT TO AMEND SECTION 73-1-19, MISSISSIPPI CODE OF 1972,
TO REVISE THE MISSISSIPPI ARCHITECT LICENSING LAWS TO AUTHORIZE MULTI-DISCIPLINARY
FIRMS TO INCLUDE ARCHITECTS, LANDSCAPE ARCHITECTS AND ENGINEERS AS LONG AS ONE
ACTIVE MEMBER OR STOCKHOLDER OF THE FIRM HOLDS A CERTIFICATE TO PRACTICE
ARCHITECTURE IN THE STATE OF MISSISSIPPI; TO AMEND SECTION 73-2-5, MISSISSIPPI
CODE OF 1972, TO REVISE CERTAIN PROVISIONS RELATING TO A PERSON INDICATING HE
OR SHE IS PRACTICING LANDSCAPE ARCHITECTURE OR IS A LANDSCAPE ARCHITECT; AND
FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
73-1-19, Mississippi Code of 1972, is amended as follows:

73-1-19.
(1)  For purposes of this section, the
term "business entity" means any partnership, professional
association, joint enterprise, corporation, professional corporation, limited
liability company or professional limited liability company engaging in the
practice of architectural services in this state.

(2)
* * *In the case of a
copartnership of architects, or architects and engineers, or a professional
corporation, or professional limited liability company, either foreign or
domestic, Each active partner, member or stockholder, and
each officer, director or manager * * *, of a foreign or domestic business entity
of architects, architects and landscape architects, architects and engineers,
or architects, landscape architects and engineers,
must hold a certificate to practice architecture, landscape architecture
or engineering in that member's state of residence; and, * * *in the case of a each foreign * * *corporation or professional limited liability company
business entity doing business in this state * * *, shall have at least one (1) active
member or stockholder * * *must
hold who holds a certificate to practice architecture in this
state.  No * * *stock
company, corporation, professional corporation or professional limited
liability company business entity shall be entitled to a
certificate to practice architecture in this state. * * *No company other than a professional corporation or a
professional limited liability company shall advertise or otherwise hold itself
out to be an architect or to be authorized to practice architecture in this
state.

(3)
Nothing in this chapter shall be construed * * *as prohibiting to prohibit a * * *joint enterprise, partnership, professional corporation,
professional limited liability company or association between business
entity that is composed of one (1) or several duly registered
architects and duly registered landscape architects, or one (1) or several duly registered professional engineers * * * and/or and duly registered architects,
or one (1) or several duly registered professional engineers, duly registered
architects and duly registered landscape architects; and it shall be lawful
for such * * *partnership,
joint enterprise, professional corporation, professional limited liability
company or association business entity to use in its title any
combination of the words * * *"architects and engineers" or,
"engineers and architects" "architects and landscape
architects", or "engineers, landscape architects and architects";
provided, however, that all announcements, cards, stationery, printed matter
and listings of * * *such
partnership, joint enterprise, professional corporation, professional limited
liability company or association the business entity shall
indicate * * *as to each
member whether * * *he be each member is a registered architect, * * *or a registered engineer or a registered
landscape architect * * *; provided, further, that the name of such partnership, professional
corporation, professional limited liability company or association,
and shall * * *contain
disclose the name of at least one (1) person who is * * *registered licensed as an architect in
this state * * *and that no
such person be named on any announcement, card, stationery, printed
matter or listing of such partnership, professional corporation, professional
limited liability company or association used in this state unless there is
designated thereon whether or not such person is licensed in this state.
Employees of a * * *firm
business entity who are not registered as architects, * * *or engineers or landscape architects * * *in the case of a joint enterprise, partnership,
professional corporation, professional limited liability company or association
in a business entity between architects * * * and , architects and engineers,
architects and landscape architects, or architects, landscape architects and
engineers, may only use business cards for that * * *firm business entity if the employee's
job title * * *of such
individual is clearly stated.

* * *Each person holding a certificate to
practice architecture in this state shall post such certificate in a prominent
place in the architect's place of business.  Failure to post the certificate
shall be sufficient cause for revocation of such certificate.

The following persons and practices shall be exempted from the
provisions of this chapter:

Draftsmen, students, clerks‑of‑work and other
employees of those lawfully practicing as registered architects under the
provisions of this chapter acting under the instruction, control or supervision
of their employers.

(4)
In any business entity with ownership by a registered landscape architect or
landscape architects, as described in this section, a minimum of two-thirds
(2/3) of the partners, joint owners, stockholders, directors, officers,
members, managers and others, depending on the legal structure of the business
entity, shall be registered architects or registered professional engineers and
no more than one-third (1/3) of the individual or collective ownership interest
of the business entity may be owned by the landscape architect or landscape
architects, whichever is applicable.

(5)
In a business entity between one (1) or several registered architects and
registered professional engineers or one (1) or several registered architects
and registered landscape architects, or one (1) or several
registered architects, registered engineers and registered landscape architects engaging in the practice of architectural services in
this state, any contract or agreement to provide architectural services as the
prime design professional shall be executed on behalf of the business entity by
a partner, stockholder, director, member, manager or officer of the business
entity, with authority to contractually bind the business entity.  A partner,
stockholder, director, member, manager or officer who is an architect
registered in this state shall exercise responsible control over the particular
architectural services contracted for by the business entity and that
architect's name and seal shall appear on all documents prepared by the
business entity in its practice of architecture.  Other partners, stockholders,
directors, members, managers or officers shall not direct the professional
judgment of the architect in responsible control over the practice of
architecture by the business entity.  Any business entity engaging in the
practice of architectural services in this state shall furnish the board with
such information about its organization, ownership and activities as the board
shall require through the board's rulemaking authority under Section 73-1-9.

(6)
No business entity shall be relieved of responsibility for the conduct or acts
of its agents, employees, officers, partners, stockholders, directors, members
or managers.  No individual practicing architecture under this chapter shall be
relieved of responsibility for architectural services performed by reason of
employment or other relationship with any such business entity.  A partner,
stockholder, director, member or manager of a business entity between
architects, architects and engineers, architects and landscape architects, or
architects, landscape architects and engineers is not liable for the
negligence, wrongful acts, misconduct, or omissions of other agents, employees,
partners, stockholders, directors, members, or managers of the business entity
unless the individual is at fault for failing to provide responsible control
over them.

(7)  Each
person holding a certificate to practice architecture in this state shall post
such certificate in a prominent place in the architect's place of business.
Failure to post the certificate shall be sufficient cause for revocation of
such certificate.

(8)  The following
persons and practices shall be exempted from the provisions of this chapter:

Draftsmen, students, clerks-of-work
and other employees of those lawfully practicing as registered architects under
the provisions of this chapter acting under the instruction, responsible
control or supervision of * * *their employers a licensed architect.

SECTION 2.  Section
73-2-5, Mississippi Code of 1972, is amended as follows:

73-2-5.  In order to
safeguard life, health and property, no person shall practice landscape
architecture in this state, or use the title "landscape
architect", or any prefix, suffix or other form thereof on any
sign, title, card or device to indicate that such person is practicing
landscape architecture or is a landscape architect, unless such person shall
have secured from the board a license as landscape architect in the manner
hereinafter provided, and shall thereafter comply with the provisions of this
chapter.  Every holder of a current license shall display it in a conspicuous
place in his or her principal office or place of employment.

SECTION 3.  This act
shall take effect and be in force from and after July 1, 2026.
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