By: Hirschi H.B. No. 1482 73R4380 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the xeriscape landscaping of state buildings and 1-3 roadside parks, to the establishment of a xeriscape assistance 1-4 program, and to county and municipal xeriscape assistance. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 5, State Purchasing and General Services 1-7 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by 1-8 adding Section 5.321 to read as follows: 1-9 Sec. 5.321. XERISCAPE REQUIREMENTS. (a) In this section, 1-10 "xeriscape" means a landscaping method that maximizes the 1-11 conservation of water by using site-appropriate plants and 1-12 efficient water use techniques. The term includes planning and 1-13 design, appropriate choice of plants, soil analysis, soil 1-14 improvement using compost, efficient and appropriate irrigation, 1-15 practical use of turf, appropriate use of mulches, and proper 1-16 maintenance. 1-17 (b) The commission, in consultation with the Texas Natural 1-18 Resource Conservation Commission, by rule shall adopt guidelines 1-19 for the required use of xeriscape on state property associated with 1-20 state-owned buildings or facilities on which construction begins on 1-21 or after January 1, 1994. The commission shall develop a five-year 1-22 program for phasing in the use of xeriscape on state property 1-23 associated with state-owned buildings or facilities on which 1-24 construction has begun before January 1, 1994. 2-1 (c) Any construction of a new state building included in the 2-2 exceptions prescribed by Section 5.13 of this article is not exempt 2-3 from this section. This section applies to state property 2-4 associated with state-owned buildings or facilities on which 2-5 construction begins on or after January 1, 1994, that are 2-6 constructed by or for a state agency, including an agency exempted 2-7 under Section 5.13 of this article. 2-8 (d) The guidelines adopted under this section must: 2-9 (1) establish standards for landscape design, 2-10 installation, and maintenance that result in water conservation, 2-11 including the use of appropriate plants, soil analysis, compost, 2-12 efficient irrigation systems, and other water-conserving practices; 2-13 (2) identify desirable plant species; 2-14 (3) specify the maximum percentage of turf and the 2-15 maximum percentage of impervious surface allowed in a xeriscaped 2-16 area; 2-17 (4) establish standards for selection and installation 2-18 of turf; 2-19 (5) establish standards for land clearing; 2-20 (6) require preservation of existing native vegetation 2-21 that has been identified as desirable; and 2-22 (7) establish a monitoring program to ensure 2-23 implementation of and compliance with the requirements of this 2-24 section. 2-25 SECTION 2. Title 116, Revised Statutes, is amended by adding 2-26 Article 6674i-4 to read as follows: 2-27 Art. 6674i-4. XERISCAPE REQUIREMENTS 3-1 Sec. 1. DEFINITIONS. In this article: 3-2 (1) "Department" means the Texas Department of 3-3 Transportation. 3-4 (2) "Roadside parks" includes rest areas, picnic 3-5 areas, welcome stations, or other facilities that are provided for 3-6 the convenience of the traveling public and that are within or 3-7 adjacent to a highway right-of-way and are under the jurisdiction 3-8 of the department. 3-9 (3) "Xeriscape" has the meaning assigned by Section 3-10 5.321, State Purchasing and General Services Act (Article 601b, 3-11 Vernon's Texas Civil Statutes), and its subsequent amendments. 3-12 Sec. 2. XERISCAPE REQUIREMENTS. (a) The department shall 3-13 use and require the use of xeriscape practices in the construction 3-14 and maintenance of all roadside parks acquired or on which 3-15 construction begins on or after January 1, 1994. 3-16 (b) The department shall develop a five-year program for 3-17 phasing in the use of xeriscape practices, including the use of 3-18 compost, in roadside parks acquired or on which construction has 3-19 begun before January 1, 1994. 3-20 (c) In implementing this section, the department shall 3-21 follow the guidelines adopted under Section 5.321, State Purchasing 3-22 and General Services Act (Article 601b, Vernon's Texas Civil 3-23 Statutes), and its subsequent amendments. 3-24 SECTION 3. Chapter 430, Local Government Code, is amended by 3-25 adding Section 430.002 to read as follows: 3-26 Sec. 430.002. CONSIDERATION OF XERISCAPE ORDINANCES. 3-27 (a) The governing body of each municipality and county shall 4-1 consider enacting orders or ordinances, as appropriate, requiring 4-2 the use of xeriscape to conserve water. If the governing body 4-3 determines that the water conservation benefits of the required use 4-4 of xeriscape would be significant relative to the cost of 4-5 implementing that use, the governing body shall adopt a xeriscape 4-6 order or ordinance, as appropriate. 4-7 (b) The governing body of each municipality and county shall 4-8 consider promoting xeriscape as a water conservation measure by: 4-9 (1) using xeriscape in, around, or near publicly owned 4-10 facilities, parks, and other common areas that are landscaped on or 4-11 after January 1, 1994; 4-12 (2) educating the public on xeriscape, its uses as a 4-13 water conservation measure, and its long-term cost effectiveness; 4-14 and 4-15 (3) offering incentives to local residents and 4-16 businesses to use xeriscape practices. 4-17 (c) A county order adopted under this section applies only 4-18 to the unincorporated area of the county. A municipal ordinance 4-19 adopted under this section applies only to the area within the 4-20 municipal limits and, as provided by Subsection (d), to the area 4-21 within the municipality's extraterritorial jurisdiction. A 4-22 municipal ordinance adopted under this section that applies to the 4-23 area within the municipality's extraterritorial jurisdiction 4-24 supersedes a county order previously adopted under this section to 4-25 the extent that the county order applied to that area. A county 4-26 order adopted under this section after the adoption of a municipal 4-27 order that applies to the area within the municipality's 5-1 extraterritorial jurisdiction does not apply to that area. 5-2 (d) The governing body of a municipality may adopt an 5-3 ordinance under this section that applies to the area within the 5-4 municipality's extraterritorial jurisdiction only if: 5-5 (1) the county in which the area is located has not 5-6 adopted an order under this section; or 5-7 (2) an order adopted by the county in which the area 5-8 is located is less stringent than the ordinance to be adopted by 5-9 the municipality. 5-10 SECTION 4. Subtitle B, Title 5, Health and Safety Code, is 5-11 amended by adding Chapter 373 to read as follows: 5-12 CHAPTER 373. WATER CONSERVATION 5-13 Sec. 373.001. XERISCAPE ASSISTANCE PROGRAM. (a) The 5-14 commission on request shall assist counties and municipalities by 5-15 providing a model xeriscape code and other technical assistance. 5-16 (b) The commission shall work with counties and 5-17 municipalities to promote, through educational programs and 5-18 publications, the use of xeriscape practices, including the use of 5-19 compost, in existing residential and commercial development. 5-20 (c) In this section: 5-21 (1) "Commission" means the Texas Natural Resource 5-22 Conservation Commission. 5-23 (2) "Xeriscape" has the meaning assigned by Section 5-24 5.321, State Purchasing and General Services Act (Article 601b, 5-25 Vernon's Texas Civil Statutes). 5-26 SECTION 5. (a) The General Services Commission shall adopt 5-27 the guidelines required by Section 5.321, State Purchasing and 6-1 General Services Act (Article 601b, Vernon's Texas Civil Statutes), 6-2 as added by this Act, not later than December 1, 1993, and shall 6-3 establish the phase-in program required by that section as soon as 6-4 practicable after the adoption of the guidelines. 6-5 (b) The Texas Department of Transportation shall establish 6-6 the phase-in program required by Article 6674i-4, Revised Statutes, 6-7 as added by this Act, as soon as practicable after the adoption of 6-8 guidelines under Section 5.321, State Purchasing and General 6-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), as 6-10 added by this Act. 6-11 (c) The Texas Natural Resource Conservation Commission shall 6-12 establish the xeriscape assistance program required by Section 6-13 373.001, Health and Safety Code, as added by this Act, not later 6-14 than January 1, 1994. 6-15 (d) The powers, duties, rights, and obligations given to the 6-16 Texas Natural Resource Conservation Commission by this Act are the 6-17 powers, duties, rights, and obligations of the Texas Water 6-18 Commission or its successor if: 6-19 (1) the change in name of the Texas Water Commission 6-20 to the Texas Natural Resource Conservation Commission does not take 6-21 effect as provided by Section 1.085, Chapter 3, Acts of the 72nd 6-22 Legislature, 1st Called Session, 1991; 6-23 (2) the transfer of the powers, duties, rights, and 6-24 obligations of the Texas Water Commission to the Texas Natural 6-25 Resource Conservation Commission does not take effect as provided 6-26 by Chapter 3, Acts of the 72nd Legislature, 1st Called Session, 6-27 1991; or 7-1 (3) the 73rd Legislature does not pass an Act that 7-2 becomes law and provides for the transfer of the powers, duties, 7-3 rights, and obligations of the Texas Water Commission to the Texas 7-4 Natural Resource Conservation Commission on or before September 1, 7-5 1993. 7-6 SECTION 6. This Act takes effect September 1, 1993. 7-7 SECTION 7. The importance of this legislation and the 7-8 crowded condition of the calendars in both houses create an 7-9 emergency and an imperative public necessity that the 7-10 constitutional rule requiring bills to be read on three several 7-11 days in each house be suspended, and this rule is hereby suspended.