By: Truan, Sims S.B. No. 814
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the xeriscape landscaping of state buildings and
1-2 roadside parks, to the establishment of a xeriscape assistance
1-3 program, and to county and municipal xeriscape assistance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 5, State Purchasing and General Services
1-6 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-7 adding Section 5.321 to read as follows:
1-8 Sec. 5.321. XERISCAPE REQUIREMENTS. (a) In this section,
1-9 "xeriscape" means a landscaping method that maximizes the
1-10 conservation of water by using site-appropriate plants and
1-11 efficient water use techniques. The term includes planning and
1-12 design, appropriate choice of plants, soil analysis, soil
1-13 improvement using compost, efficient and appropriate irrigation,
1-14 practical use of turf, appropriate use of mulches, and proper
1-15 maintenance.
1-16 (b) The commission, in consultation with the Texas Natural
1-17 Resource Conservation Commission, the Texas Department of
1-18 Transportation, and the Industry Advisory Committee created in
1-19 Subsection (e) of this section by rule shall adopt guidelines for
1-20 the required use of xeriscape on state property associated with
1-21 state-owned buildings or structures or facilities appurtenant
1-22 thereto on which construction begins on or after January 1, 1994.
1-23 The commission shall develop a five-year program for phasing in the
1-24 use of xeriscape on state property associated with state-owned
2-1 buildings or structures or facilities appurtenant thereto on which
2-2 construction has begun before January 1, 1994.
2-3 (c) Any construction of a new state building included in the
2-4 exceptions prescribed by Section 5.13 of this article is not exempt
2-5 from this section. This section applies to state property
2-6 associated with state-owned buildings or structures or facilities
2-7 appurtenant thereto on which construction begins on or after
2-8 January 1, 1994, that are constructed by or for a state agency,
2-9 including an agency exempted under Section 5.13 of this article.
2-10 (d) The guidelines adopted under this section must:
2-11 (1) establish standards for landscape design,
2-12 installation, and maintenance that result in water conservation,
2-13 including the use of appropriate plants, soil analysis, compost,
2-14 efficient irrigation systems, and other water-conserving practices;
2-15 (2) identify desirable plant species;
2-16 (3) specify the maximum percentage of turf and the
2-17 maximum percentage of impervious surface allowed in a xeriscaped
2-18 area;
2-19 (4) establish standards for selection and installation
2-20 of turf;
2-21 (5) establish standards for land clearing;
2-22 (6) require preservation of existing native vegetation
2-23 that has been identified as desirable; and
2-24 (7) establish a monitoring program to ensure
2-25 implementation of and compliance with the requirements of this
2-26 section.
2-27 (e) The Industry Advisory Committee is created and is
3-1 composed of nine members who are Texas residents appointed by the
3-2 commission. Three members shall be nursery product growers, three
3-3 members shall be turf growers, and three members shall be landscape
3-4 contractors. The appointments shall be made from a list of
3-5 recommendations submitted to the commission by the Texas
3-6 Association of Nurserymen for the nursery product growers, the
3-7 Texas Turf Association for the turf growers, and the Texas
3-8 Association of Landscape Contractors for the landscape contractors.
3-9 Appointments are for staggered three-year terms arranged so that
3-10 one appointee from each group is appointed each year. The
3-11 appointments to the Industry Advisory Committee shall be reflective
3-12 of the gender and ethnic diversity of the State of Texas.
3-13 SECTION 2. Title 116, Revised Statutes, is amended by adding
3-14 Article 6674i-4 to read as follows:
3-15 Art. 6674i-4. XERISCAPE REQUIREMENTS
3-16 Sec. 1. DEFINITIONS. In this article:
3-17 (1) "Department" means the Texas Department of
3-18 Transportation.
3-19 (2) "Roadside parks" includes rest areas, picnic
3-20 areas, welcome stations, or other facilities that are provided for
3-21 the convenience of the traveling public and that are within or
3-22 adjacent to a highway right-of-way and are under the jurisdiction
3-23 of the department.
3-24 (3) "Xeriscape" has the meaning assigned by Section
3-25 5.321, State Purchasing and General Services Act (Article 601b,
3-26 Vernon's Texas Civil Statutes), and its subsequent amendments.
3-27 Sec. 2. XERISCAPE REQUIREMENTS. (a) The department shall
4-1 use and require the use of xeriscape practices in the construction
4-2 and maintenance of all roadside parks acquired or on which
4-3 construction begins on or after January 1, 1994.
4-4 (b) The department shall develop a five-year program for
4-5 phasing in the use of xeriscape practices, including the use of
4-6 compost, in roadside parks acquired or on which construction has
4-7 begun before January 1, 1994.
4-8 (c) In implementing this section, the department shall
4-9 follow the guidelines adopted under Section 5.321, State Purchasing
4-10 and General Services Act (Article 601b, Vernon's Texas Civil
4-11 Statutes), and its subsequent amendments.
4-12 SECTION 3. Chapter 430, Local Government Code, is amended by
4-13 adding Section 430.002 to read as follows:
4-14 Sec. 430.002. CONSIDERATION OF XERISCAPE ORDINANCES. The
4-15 governing body of each municipality and county may consider
4-16 enacting orders or ordinances, as appropriate, requiring the use of
4-17 xeriscape to conserve water. If the governing body determines that
4-18 the water conservation benefits of the required use of xeriscape
4-19 would be significant relative to the cost of implementing that use,
4-20 the governing body may adopt a xeriscape order or ordinance, as
4-21 appropriate.
4-22 SECTION 4. Subtitle B, Title 5, Health and Safety Code, is
4-23 amended by adding Chapter 373 to read as follows:
4-24 CHAPTER 373. WATER CONSERVATION
4-25 Sec. 373.001. XERISCAPE ASSISTANCE PROGRAM. (a) The board
4-26 on request shall assist counties and municipalities by providing a
4-27 model xeriscape code and other technical assistance.
5-1 (b) The board shall work with counties and municipalities to
5-2 promote, through educational programs and publications, the use of
5-3 xeriscape practices, including the use of compost, in existing
5-4 residential and commercial development.
5-5 (c) In this section:
5-6 (1) "Board" means the Texas Water Development Board.
5-7 (2) "Xeriscape" has the meaning assigned by Section
5-8 5.321, State Purchasing and General Services Act (Article 601b,
5-9 Vernon's Texas Civil Statutes).
5-10 SECTION 5. (a) The General Services Commission shall
5-11 appoint the Industry Advisory Committee created under Section
5-12 5.321, State Purchasing and General Services Act (Article 601b,
5-13 Vernon's Texas Civil Statutes), as added by this Act, as soon as
5-14 practicable after the effective date of this Act, shall adopt the
5-15 guidelines required by that section not later than December 1,
5-16 1993, and shall establish the phase-in program required by that
5-17 section as soon as practicable after the adoption of the
5-18 guidelines.
5-19 (b) The Texas Department of Transportation shall establish
5-20 the phase-in program required by Article 6674i-4, Revised Statutes,
5-21 as added by this Act, as soon as practicable after the adoption of
5-22 guidelines under Section 5.321, State Purchasing and General
5-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), as
5-24 added by this Act.
5-25 SECTION 6. This Act takes effect September 1, 1993.
5-26 SECTION 7. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.