By: Truan S.B. No. 814
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.