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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