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.