1-1  By:  Truan, Sims                                       S.B. No. 814
    1-2        (In the Senate - Filed March 10, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 16, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; April 16, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims                                          x    
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos                                    x    
   1-13        Bivins                                        x    
   1-14        Brown              x                               
   1-15        Carriker                                      x    
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff            x                               
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 814                    By:  Truan
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the xeriscape landscaping of state buildings and
   1-24  roadside parks, to the establishment of a xeriscape assistance
   1-25  program, and to county and municipal xeriscape assistance.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Article 5, State Purchasing and General Services
   1-28  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
   1-29  adding Section 5.321 to read as follows:
   1-30        Sec. 5.321.  XERISCAPE REQUIREMENTS.  (a)  In this section,
   1-31  "xeriscape" means a landscaping method that maximizes the
   1-32  conservation of water by using site-appropriate plants and
   1-33  efficient water use techniques.  The term includes planning and
   1-34  design, appropriate choice of plants, soil analysis, soil
   1-35  improvement using compost, efficient and appropriate irrigation,
   1-36  practical use of turf, appropriate use of mulches, and proper
   1-37  maintenance.
   1-38        (b)  The commission, in consultation with the Texas Natural
   1-39  Resource Conservation Commission, the Texas Department of
   1-40  Transportation, and the Industry Advisory Committee created in
   1-41  Subsection (e) of this section by rule shall adopt guidelines for
   1-42  the required use of xeriscape on state property associated with
   1-43  state-owned buildings or structures or facilities appurtenant
   1-44  thereto on which construction begins on or after January 1, 1994.
   1-45  The commission shall develop a five-year program for phasing in the
   1-46  use of xeriscape on state property associated with state-owned
   1-47  buildings or structures or facilities appurtenant thereto on which
   1-48  construction has begun before January 1, 1994.
   1-49        (c)  Any construction of a new state building included in the
   1-50  exceptions prescribed by Section 5.13 of this article is not exempt
   1-51  from this section.  This section applies to state property
   1-52  associated with state-owned buildings or structures or facilities
   1-53  appurtenant thereto on which construction begins on or after
   1-54  January 1, 1994, that are constructed by or for a state agency,
   1-55  including an agency exempted under Section 5.13 of this article.
   1-56        (d)  The guidelines adopted under this section must:
   1-57              (1)  establish standards for landscape design,
   1-58  installation, and maintenance that result in water conservation,
   1-59  including the use of appropriate plants, soil analysis, compost,
   1-60  efficient irrigation systems, and other water-conserving practices;
   1-61              (2)  identify desirable plant species;
   1-62              (3)  specify the maximum percentage of turf and the
   1-63  maximum percentage of impervious surface allowed in a xeriscaped
   1-64  area;
   1-65              (4)  establish standards for selection and installation
   1-66  of turf;
   1-67              (5)  establish standards for land clearing;
   1-68              (6)  require preservation of existing native vegetation
    2-1  that has been identified as desirable; and
    2-2              (7)  establish a monitoring program to ensure
    2-3  implementation of and compliance with the requirements of this
    2-4  section.
    2-5        (e)  The Industry Advisory Committee is created and is
    2-6  composed of nine members who are Texas residents appointed by the
    2-7  commission.  Three members shall be nursery product growers, three
    2-8  members shall be turf growers, and three members shall be landscape
    2-9  contractors.  The appointments shall be made from a list of
   2-10  recommendations submitted to the commission by the Texas
   2-11  Association of Nurserymen for the nursery product growers, the
   2-12  Texas Turf Association for the turf growers, and the Texas
   2-13  Association of Landscape Contractors for the landscape contractors.
   2-14  Appointments are for staggered three-year terms arranged so that
   2-15  one appointee from each group is appointed each year.
   2-16        SECTION 2.  Title 116, Revised Statutes, is amended by adding
   2-17  Article 6674i-4 to read as follows:
   2-18        Art. 6674i-4.  XERISCAPE REQUIREMENTS
   2-19        Sec. 1.  DEFINITIONS.   In this article:
   2-20              (1)  "Department" means the Texas Department of
   2-21  Transportation.
   2-22              (2)  "Roadside parks" includes rest areas, picnic
   2-23  areas, welcome stations, or other facilities that are provided for
   2-24  the convenience of the traveling public and that are within or
   2-25  adjacent to a highway right-of-way and are under the jurisdiction
   2-26  of the department.
   2-27              (3)  "Xeriscape" has the meaning assigned by Section
   2-28  5.321, State Purchasing and General Services Act (Article 601b,
   2-29  Vernon's Texas Civil Statutes), and its subsequent amendments.
   2-30        Sec. 2.  XERISCAPE REQUIREMENTS.   (a)  The department shall
   2-31  use and require the use of xeriscape practices in the construction
   2-32  and maintenance of all roadside parks acquired or on which
   2-33  construction begins on or after January 1, 1994.
   2-34        (b)  The department shall develop a five-year program for
   2-35  phasing in the use of xeriscape practices, including the use of
   2-36  compost, in roadside parks acquired or on which construction has
   2-37  begun before January 1, 1994.
   2-38        (c)  In implementing this section, the department shall
   2-39  follow the guidelines adopted under Section 5.321, State Purchasing
   2-40  and General Services Act (Article 601b, Vernon's Texas Civil
   2-41  Statutes), and its subsequent amendments.
   2-42        SECTION 3.  Chapter 430, Local Government Code, is amended by
   2-43  adding Section 430.002 to read as follows:
   2-44        Sec. 430.002.  CONSIDERATION OF XERISCAPE ORDINANCES.
   2-45  (a)  The governing body of each municipality and county shall
   2-46  consider enacting orders or ordinances, as appropriate, requiring
   2-47  the use of xeriscape to conserve water.  If the governing body
   2-48  determines that the water conservation benefits of the required use
   2-49  of xeriscape would be significant relative to the cost of
   2-50  implementing that use, the governing body shall adopt a xeriscape
   2-51  order or ordinance, as appropriate.
   2-52        (b)  The governing body of each municipality and county shall
   2-53  consider promoting xeriscape as a water conservation measure by:
   2-54              (1)  using xeriscape in, around, or near publicly owned
   2-55  facilities, parks, and other common areas that are landscaped on or
   2-56  after January 1, 1994;
   2-57              (2)  educating the public on xeriscape, its uses as a
   2-58  water conservation measure, and its long-term cost-effectiveness;
   2-59  and
   2-60              (3)  offering incentives to local residents and
   2-61  businesses to use xeriscape practices.
   2-62        (c)  A county order adopted under this section applies only
   2-63  to the unincorporated area of the county.  A municipal ordinance
   2-64  adopted under this section applies only to the area within the
   2-65  municipal limits and, as provided by Subsection (d), to the area
   2-66  within the municipality's extraterritorial jurisdiction.  A
   2-67  municipal ordinance adopted under this section that applies to the
   2-68  area within the municipality's extraterritorial jurisdiction
   2-69  supersedes a county order previously adopted under this section to
   2-70  the extent that the county order applied to that area.  A county
    3-1  order adopted under this section after the adoption of a municipal
    3-2  order that applies to the area within the municipality's
    3-3  extraterritorial jurisdiction does not apply to that area.
    3-4        (d)  The governing body of a municipality may adopt an
    3-5  ordinance under this section that applies to the area within the
    3-6  municipality's extraterritorial jurisdiction only if:
    3-7              (1)  the county in which the area is located has not
    3-8  adopted an order under this section; or
    3-9              (2)  an order adopted by the county in which the area
   3-10  is located is less stringent than the ordinance to be adopted by
   3-11  the municipality.
   3-12        SECTION 4.  Subtitle B, Title 5, Health and Safety Code, is
   3-13  amended by adding Chapter 373 to read as follows:
   3-14                   CHAPTER 373.  WATER CONSERVATION
   3-15        Sec. 373.001.  XERISCAPE ASSISTANCE PROGRAM.  (a)  The board
   3-16  on request shall assist counties and municipalities by providing a
   3-17  model xeriscape code and other technical assistance.
   3-18        (b)  The board shall work with counties and municipalities to
   3-19  promote, through educational programs and publications, the use of
   3-20  xeriscape practices, including the use of compost, in existing
   3-21  residential and commercial development.
   3-22        (c)  In this section:
   3-23              (1)  "Board" means the Texas Water Development Board.
   3-24              (2)  "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).
   3-27        SECTION 5.  (a)  The General Services Commission shall
   3-28  appoint the Industry Advisory Committee created under Section
   3-29  5.321, State Purchasing and General Services Act (Article 601b,
   3-30  Vernon's Texas Civil Statutes), as added by this Act, as soon as
   3-31  practicable after the effective date of this Act, shall adopt the
   3-32  guidelines required by that section not later than December 1,
   3-33  1993, and shall establish the phase-in program required by that
   3-34  section as soon as practicable after the adoption of the
   3-35  guidelines.
   3-36        (b)  The Texas Department of Transportation shall establish
   3-37  the phase-in program required by Article 6674i-4, Revised Statutes,
   3-38  as added by this Act, as soon as practicable after the adoption of
   3-39  guidelines under Section 5.321, State Purchasing and General
   3-40  Services Act (Article 601b, Vernon's Texas Civil Statutes), as
   3-41  added by this Act.
   3-42        (c)  The Texas Natural Resource Conservation Commission shall
   3-43  establish the xeriscape assistance program required by Section
   3-44  373.001, Health and Safety Code, as added by this Act, not later
   3-45  than January 1, 1994.
   3-46        (d)  The powers, duties, rights, and obligations given to the
   3-47  Texas Natural Resource Conservation Commission by this Act are the
   3-48  powers, duties, rights, and obligations of the Texas Water
   3-49  Commission or its successor if:
   3-50              (1)  the change in name of the Texas Water Commission
   3-51  to the Texas Natural Resource Conservation Commission does not take
   3-52  effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
   3-53  Legislature, 1st Called Session, 1991;
   3-54              (2)  the transfer of the powers, duties, rights, and
   3-55  obligations of the Texas Water Commission to the Texas Natural
   3-56  Resource Conservation Commission does not take effect as provided
   3-57  by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
   3-58  1991; and
   3-59              (3)  the 73rd Legislature does not pass an Act that
   3-60  becomes law and provides for the transfer of the powers, duties,
   3-61  rights, and obligations of the Texas Water Commission to the Texas
   3-62  Natural Resource Conservation Commission on or before September 1,
   3-63  1993.
   3-64        SECTION 6.  This Act takes effect September 1, 1993.
   3-65        SECTION 7.  The importance of this legislation and the
   3-66  crowded condition of the calendars in both houses create an
   3-67  emergency and an imperative public necessity that the
   3-68  constitutional rule requiring bills to be read on three several
   3-69  days in each house be suspended, and this rule is hereby suspended.
   3-70                               * * * * *
    4-1                                                         Austin,
    4-2  Texas
    4-3                                                         April 16, 1993
    4-4  Hon. Bob Bullock
    4-5  President of the Senate
    4-6  Sir:
    4-7  We, your Committee on Natural Resources to which was referred S.B.
    4-8  No. 814, have had the same under consideration, and I am instructed
    4-9  to report it back to the Senate with the recommendation that it do
   4-10  not pass, but that the Committee Substitute adopted in lieu thereof
   4-11  do pass and be printed.
   4-12                                                         Truan,
   4-13  Vice-Chairman
   4-14                               * * * * *
   4-15                               WITNESSES
   4-16                                                  FOR   AGAINST  ON
   4-17  ___________________________________________________________________
   4-18  Name:  Tony T. Gregg                             x
   4-19  Representing:  Water Cons. & Reuse Division
   4-20  City:  Austin
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   4-22  Name:  Mike Personett                                          x
   4-23  Representing:  Tx Water Development Board
   4-24  City:  Austin
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