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.