H.B. No. 2781

1-1	AN ACT
1-2	relating to rainwater harvesting and other water conservation
1-3	initiatives.
1-4	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5	SECTION 1.  Section 447.004(c-1), Government Code, is
1-6	amended to read as follows:
1-7	(c-1)  The procedural standards adopted under this section
1-8	must require that:
1-9	(1)  on-site reclaimed system technologies, including
1-10	rainwater harvesting, condensate collection, or cooling tower blow
1-11	down, or a combination of those system technologies, for potable
1-12	and nonpotable indoor and outdoor water use [and landscape
1-13	watering] be incorporated into the design and construction of:
1-14	(A)  each new state building with a roof area
1-15	measuring at least 10,000 square feet; and
1-16	(B)  any other new state building for which the
1-17	incorporation of such systems is feasible; and
1-18	(2)  rainwater harvesting system technology for
1-19	potable and nonpotable indoor and outdoor water use [and landscape
1-20	watering] be incorporated into the design and construction of each
1-21	new state building with a roof area measuring at least 50,000 square
1-22	feet that is located in an area of this state in which the average
1-23	annual rainfall is at least 20 inches.
1-24	SECTION 2.  Section 341.042(b), Health and Safety Code, as
2-1	amended by Chapters 1311 (H.B. 3391) and 1240 (S.B. 1073), Acts of
2-2	the 82nd Legislature, Regular Session, 2011, is reenacted and
2-3	amended to read as follows:
2-4	(b)  The commission by rule shall provide that if a structure
2-5	[is connected to a public water supply system and] has a rainwater
2-6	harvesting system and uses a public water supply for an auxiliary
2-7	water source [for indoor use], the structure must have appropriate
2-8	cross-connection safeguards.
2-9	SECTION 3.  Sections 341.042(b-1) and (b-3), Health and
2-10	Safety Code, as added by Chapter 1240 (S.B. 1073), Acts of the 82nd
2-11	Legislature, Regular Session, 2011, are amended to read as follows:
2-12	(b-1)  A privately owned rainwater harvesting system with a
2-13	capacity of more than 500 gallons that has an auxiliary water supply
2-14	shall have a backflow prevention assembly or an air gap installed at
2-15	the storage facility for the harvested rainwater to ensure physical
2-16	separation between the rainwater harvesting system and the
2-17	auxiliary water supply.  A rainwater harvesting system that meets
2-18	the requirements of this subsection is considered connected to a
2-19	public water supply system only for purposes of compliance with
2-20	minimum water system capacity requirements as determined by
2-21	commission rule. [The commission shall work with the department to
2-22	develop rules regarding the installation and maintenance of
2-23	rainwater harvesting systems that are used for indoor potable
2-24	purposes and connected to a public water supply system.     The rules
2-25	must contain criteria that are sufficient to ensure that:
2-26	[(1)     safe sanitary drinking water standards are met;
2-27	and
3-1	[(2)     harvested rainwater does not come into
3-2	communication with a public water supply system's drinking water at
3-3	a location off of the property on which the rainwater harvesting
3-4	system is located.]
3-5	(b-3)  A person who intends to use [connect a rainwater
3-6	harvesting system to] a public water supply system as an auxiliary
3-7	water source [for use for potable purposes] must give written
3-8	notice of that intention to the municipality in which the rainwater
3-9	harvesting system is located or the owner or operator of the public
3-10	water supply system [before connecting the rainwater harvesting
3-11	system to the public water supply system].  The public water supply
3-12	system used as an auxiliary water source may be connected only to
3-13	the water storage tank and may not be connected to the plumbing of a
3-14	structure.
3-15	SECTION 4.  Section 341.042(b-3), Health and Safety Code, as
3-16	added by Chapter 1311 (H.B. 3391), Acts of the 82nd Legislature,
3-17	Regular Session, 2011, is redesignated as Section 341.042(b-5),
3-18	Health and Safety Code, and amended to read as follows:
3-19	(b-5) [(b-3)]  A municipality or the owner or operator of a
3-20	public water supply system may not be held liable for any adverse
3-21	health effects allegedly caused by the consumption of water
3-22	collected by a rainwater harvesting system that uses [is connected
3-23	to] a public water supply system or an auxiliary water source and is
3-24	used for potable purposes if the municipality or the public water
3-25	supply system is in compliance with the sanitary standards for
3-26	drinking water adopted by the commission and applicable to the
3-27	municipality or public water supply system.
4-1	SECTION 5.  Section 580.004(b), Local Government Code, is
4-2	amended to read as follows:
4-3	(b)  The Texas Water Development Board shall ensure that
4-4	training on rainwater harvesting is available for the members of
4-5	the permitting staffs of municipalities and counties at least
4-6	quarterly.  Each member of the permitting staff of each county and
4-7	municipality located wholly or partly in an area designated by the
4-8	Texas Commission on Environmental Quality as a priority groundwater
4-9	management area under Section 35.008, Water Code, whose work
4-10	relates directly to permits involving rainwater harvesting and each
4-11	member of the permitting staff of each county and municipality with
4-12	a population of more than 10,000 [100,000] whose work relates
4-13	directly to permits involving rainwater harvesting must receive
4-14	appropriate training regarding rainwater harvesting standards and
4-15	their relation to permitting at least once every five
4-16	years.  Members of the permitting staffs of counties and
4-17	municipalities not located wholly or partly in an area designated
4-18	by the Texas Commission on Environmental Quality as a priority
4-19	groundwater management area under Section 35.008, Water Code, whose
4-20	work relates directly to permits involving rainwater harvesting and
4-21	members of the permitting staffs of counties and municipalities
4-22	with a population of 10,000 [100,000] or less whose work relates
4-23	directly to permits involving rainwater harvesting are encouraged
4-24	to receive the training.  The Texas Water Development Board may
4-25	provide appropriate training by seminars or by videotape or
4-26	functionally similar and widely available media without cost.
4-27	SECTION 6.  Section 5.008(b), Property Code, is amended to
5-1	read as follows:
5-2	(b)  The notice must be executed and must, at a minimum, read
5-3	substantially similar to the following:
5-4	SELLER'S DISCLOSURE NOTICE
5-5	CONCERNING THE PROPERTY AT ___________________________________
5-6	(Street Address and City)
5-8	THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
5-9	THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
5-10	SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
5-11	WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
5-12	A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
5-13	Seller __ is __ is not occupying the Property.
5-14	If unoccupied, how long since Seller has occupied the Property?
5-15	________________________________________________________________
5-16	1.  The Property has the items checked below:
5-17	Write Yes (Y), No (N), or Unknown (U).
5-18
5-19	__ Range __ Oven __ Microwave
5-20	__ Dishwasher __ Trash Compactor __ Disposal
5-21	__ Washer/Dryer __ Window __ Rain Gutters
5-22	Hookups    Screens
5-23	__ Security __ Fire Detection __ Intercom
5-24	System    Equipment    System
5-25	__ Smoke Detector
5-26	__ Smoke Detector -
5-27	Hearing Impaired
5-28	__ Carbon Monoxide
5-29	Alarm
5-30	__ Emergency Escape
5-31	Ladder(s)
5-32	__ TV Antenna __ Cable TV __ Satellite
5-33	Wiring    Dish
5-34	__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5-35	Fan(s)
5-36	__ Central A/C __ Central Heating __ Wall/Window
5-37	Air
5-38	Conditioning
5-39	__ Plumbing System __ Septic System __ Public Sewer
5-40	System
5-41	__ Patio/Decking __ Outdoor Grill __ Fences
5-42	__ Pool __ Sauna __ Spa
5-43	__ Hot Tub
5-44	__ Pool Equipment __ Pool Heater __ Automatic Lawn
6-1	Sprinkler
6-2	System
6-3	__ Fireplace(s) & __ Fireplace(s) &
6-4	Chimney    Chimney
6-5	(Woodburning)    (Mock)
6-6	__ Natural Gas Lines __ Gas Fixtures
6-7	__ Liquid Propane Gas: __ LP Community __ LP on Property
6-8	(Captive)
6-9	Garage: __ Attached __ Not Attached __ Carport
6-10	Garage Door Opener(s): __ Electronic __ Control(s)
6-11	Water Heater: __ Gas __ Electric
6-12	Water Supply: __ City __ Well __ MUD __ Co-op
6-13	Roof Type:  ________________________________ Age:  _____(approx)
6-14	Are you (Seller) aware of any of the above items that are not in
6-15	working condition, that have known defects, or that are in need of
6-16	repair?  __ Yes  __ No  __ Unknown.
6-17	If yes, then describe.  (Attach additional sheets if necessary):
6-18	________________________________________________________________
6-19	________________________________________________________________
6-20	2.  Does the property have working smoke detectors installed in
6-21	accordance with the smoke detector requirements of Chapter 766,
6-22	Health and Safety Code?*  __ Yes  __ No  __ Unknown.
6-23	If the answer to the question above is no or unknown,
6-24	explain.  (Attach additional sheets if necessary):______________
6-25	________________________________________________________________
6-26	________________________________________________________________
6-27	*Chapter 766 of the Health and Safety Code requires
6-28	one-family or two-family dwellings to have working smoke detectors
6-29	installed in accordance with the requirements of the building code
6-30	in effect in the area in which the dwelling is located, including
6-31	performance, location, and power source requirements.  If you do
6-32	not know the building code requirements in effect in your area, you
6-33	may check unknown above or contact your local building official for
7-1	more information.  A buyer may require a seller to install smoke
7-2	detectors for the hearing impaired if:  (1) the buyer or a member of
7-3	the buyer's family who will reside in the dwelling is hearing
7-4	impaired; (2) the buyer gives the seller written evidence of the
7-5	hearing impairment from a licensed physician; and (3) within 10
7-6	days after the effective date, the buyer makes a written request for
7-7	the seller to install smoke detectors for the hearing impaired and
7-8	specifies the locations for installation.  The parties may agree
7-9	who will bear the cost of installing the smoke detectors and which
7-10	brand of smoke detectors to install.
7-11	3.  Are you (Seller) aware of any known defects/malfunctions in any
7-12	of the following?
7-13	Write Yes (Y) if you are aware, write No (N) if you are not aware.
7-14
7-15	__ Interior Walls __ Ceilings __ Floors
7-16	__ Exterior Walls __ Doors __ Windows
7-17	__ Roof __ Foundation/ __ Basement
7-18	Slab(s)
7-19	__ Walls/Fences __ Driveways __ Sidewalks
7-20	__ Plumbing/Sewers/ __ Electrical __ Lighting
7-21	Septics    Systems    Fixtures
7-22	__ Other Structural Components (Describe):_______________________
7-23	________________________________________________________________
7-24	________________________________________________________________
7-25	If the answer to any of the above is yes, explain.  (Attach
7-26	additional sheets if necessary):________________________________
7-27	________________________________________________________________
7-28	________________________________________________________________
7-29	4.  Are you (Seller) aware of any of the following conditions?
7-30	Write Yes (Y) if you are aware, write No (N) if you are not aware.
7-31
7-32	__ Active Termites __ Previous Structural
8-1	(includes    or Roof Repair
8-2	wood-destroying insects)
8-3	__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
8-4	Needing Repair
8-5	__ Previous Termite Damage __ Asbestos Components
8-6	__ Previous Termite __ Urea formaldehyde
8-7	Treatment    Insulation
8-8	__ Previous Flooding __ Radon Gas
8-9	__ Improper Drainage __ Lead Based Paint
8-10	__ Water Penetration __ Aluminum Wiring
8-11	__ Located in 100-Year __ Previous Fires
8-12	Floodplain
8-13	__ Present Flood Insurance __ Unplatted Easements
8-14	Coverage
8-15	__ Landfill, Settling, Soil __ Subsurface
8-16	Movement, Fault Lines    Structure or Pits
8-17	__ Single Blockable Main __ Previous Use of Premises
8-18	Drain in Pool/Hot    for Manufacture of
8-19	Tub/Spa*    Methamphetamine
8-20	If the answer to any of the above is yes, explain.  (Attach
8-21	additional sheets if necessary):________________________________
8-22	________________________________________________________________
8-23	________________________________________________________________
8-24	*A single blockable main drain may cause a suction entrapment
8-25	hazard for an individual.
8-26	5.  Are you (Seller) aware of any item, equipment, or system in or
8-27	on the property that is in need of repair?  __ Yes (if you are
8-28	aware)  __ No (if you are not aware).  If yes, explain (attach
8-29	additional sheets as necessary)._________________________________
8-30	6.  Are you (Seller) aware of any of the following?
8-31	Write Yes (Y) if you aware, write No (N) if you are not aware.
8-32
8-33	__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
8-34	__ Homeowners' Association or maintenance fees or assessments.
8-35	__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
8-36	__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
9-1	__ Any lawsuits directly or indirectly affecting the Property.
9-2	__ Any condition on the Property which materially affects the physical health or safety of an individual.
9-3	__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [connected to the property's public water supply that is able to be used for indoor potable purposes].
9-4	If the answer to any of the above is yes, explain.  (Attach
9-5	additional sheets if necessary):  ______________________________
9-6	________________________________________________________________
9-7	________________________________________________________________
9-8	7.  If the property is located in a coastal area that is seaward of
9-9	the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
9-10	tide bordering the Gulf of Mexico, the property may be subject to
9-11	the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
9-12	Natural Resources Code, respectively) and a beachfront
9-13	construction certificate or dune protection permit may be required
9-14	for repairs or improvements.  Contact the local government with
9-15	ordinance authority over construction adjacent to public beaches
9-16	for more information.
9-17	_______________________________________________________
9-18	Date                     Signature of Seller
9-19	The undersigned purchaser hereby acknowledges receipt of the
9-20	foregoing notice.
9-21	_______________________________________________________
9-22	Date                     Signature of Purchaser
9-23	SECTION 7.  Not later than January 1, 2014, the Texas
9-24	Commission on Environmental Quality shall adopt rules to implement
9-25	Section 341.042, Health and Safety Code, as amended by this Act.
9-26	SECTION 8.  Sections 341.042(b-1) and (b-2), Health and
9-27	Safety Code, as added by Chapter 1311 (H.B. 3391), Acts of the 82nd
10-1	Legislature, Regular Session, 2011, are repealed.
10-2	SECTION 9.  Section 5.008(b), Property Code, as amended by
10-3	this Act, applies only to a transfer of property that occurs on or
10-4	after the effective date of this Act. A transfer of property that
10-5	occurs before the effective date of this Act is governed by the law
10-6	applicable to the transfer immediately before that date, and the
10-7	former law is continued in effect for that purpose. For the
10-8	purposes of this section, a transfer of property occurs before the
10-9	effective date of this Act if the contract binding the purchaser to
10-10	purchase the property is executed before that date.
10-11	SECTION 10.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2781 was passed by the House on May 8,
	2013, by the following vote:  Yeas 137, Nays 10, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2781 was passed by the Senate on May
	22, 2013, by the following vote:  Yeas 29, Nays 2.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor