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.