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 4-21 ------------------------------------------------------------------- 4-22 Name: Mike Personett x 4-23 Representing: Tx Water Development Board 4-24 City: Austin 4-25 -------------------------------------------------------------------