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.