JBM C.S.H.B. 328 75(R)BILL ANALYSIS NATURAL RESOURCES C.S.H.B. 328 By: Kamel 5-8-97 Committee Report (Substituted) BACKGROUND Currently, the Texas Water Code does not allow for water sprinkler systems to be installed on the "common ground" of members of property owners' associations property without hiring a licensed irrigator for the installation. Constituency outcry about not being able to install their own water systems at a lesser cost prompted the filing of this legislation. The bill addresses the need of property owners' associations to allow association members or employees of the association to perform sprinkler work on the property owned by the association. PURPOSE To exempt members of property owners' associations from holding a license in order to perform irrigation or yard sprinkler work on the real property owned by the association or owned in common by association members. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 34.002(a), Water Code, as follows: Amends subsection (a)(4), by adding the words "or managed" to allow irrigation or yard sprinkler repair work, other than extension of an existing irrigation or yard sprinkler system or installation of a replacement system, done by a maintenance person incidental to and on premises owned or managed by the business in which he or she is regularly employed or engaged and who does not engage in the occupation of licensed irrigator or in yard sprinkler construction or maintenance for the general public to be exempt from licensure requirements of the chapter. Adds subsection (a)(10), to exempt from licensure requirements of the Chapter irrigation or yard sprinkler work done by a member of a property owners' association as defined by Section 202.001, Property Code, or by an employee of the association or its managing agent, on real property owned by the association or in common by the members of the association if the irrigation or yard sprinkler system waters a portion of the real property that: is less than one-half acre in size; and is used for aesthetic or recreational purposes. Makes conforming changes. SECTION 2. Emergency clause. Page of 2 Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 of the original makes no changes to Section 34.002(a)(4) of the Water Code. In the substitute, the words "or managed" have been inserted in Section 34.002(a)(4) to include property that is both owned and managed. SECTION 1 of the original amends Section 34.002(a) by adding subsection (10) which exempted from the licensure requirements of the Chapter irrigation or yard sprinkler work done by a member of a homeowners' association on real property owned by the association or owned in common by the members of the association. The substitute differs from the original in the new Section 34.002(a)(10) by changing "homeowners' association" to "property owners' association." Also, the substitute expands on the original in this subsection by adding that the exempted property owners' associations are only those defined by Section 202.001, Property Code, and the licensure exemption only applies if the irrigation or yard sprinkler system waters a portion of the real property that is less than one-half acre in size and is used for aesthetic or recreational purposes.