75R14428 MCK-D
By Kamel H.B. No. 328
Substitute the following for H.B. No. 328:
By Cook C.S.H.B. No. 328
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an exemption to the licensing requirements for
1-3 irrigators.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 34.002(a), Water Code, is amended to read
1-6 as follows:
1-7 (a) The licensure requirements of this chapter do not apply
1-8 to:
1-9 (1) any person licensed by the Texas State Board of
1-10 Plumbing Examiners;
1-11 (2) a registered professional engineer or architect or
1-12 landscape architect if his or her acts are incidental to the
1-13 pursuit of his or her profession;
1-14 (3) irrigation or yard sprinkler work done by a
1-15 property owner in a building or on premises owned or occupied by
1-16 him or her as his or her home;
1-17 (4) irrigation or yard sprinkler repair work, other
1-18 than extension of an existing irrigation or yard sprinkler system
1-19 or installation of a replacement system, done by a maintenance
1-20 person incidental to and on premises owned or managed by the
1-21 business in which he or she is regularly employed or engaged and
1-22 who does not engage in the occupation of licensed irrigator or in
1-23 yard sprinkler construction or maintenance for the general public;
1-24 (5) irrigation or yard sprinkler work done on the
2-1 premises or equipment of a railroad by a regular employee of the
2-2 railroad who does not engage in the occupation of licensed
2-3 irrigator or in yard sprinkler construction or maintenance for the
2-4 general public;
2-5 (6) irrigation and yard sprinkler work done by a
2-6 person who is regularly employed by a county, city, town, special
2-7 district, or political subdivision of the state on public property;
2-8 (7) a garden hose, hose sprinkler, hose-end product,
2-9 soaker hose, or agricultural irrigation system;
2-10 (8) a portable or solid set or other type of
2-11 commercial agricultural irrigation system; [or]
2-12 (9) irrigation or yard sprinkler work done by an
2-13 agriculturist, agronomist, horticulturist, forester, gardener,
2-14 contract gardener, garden or lawn caretaker, nurseryman, or grader
2-15 or cultivator of land on land owned by himself or herself; or
2-16 (10) irrigation or yard sprinkler work done by a
2-17 member of a property owners' association as defined by Section
2-18 202.001, Property Code, or by an employee of the association or its
2-19 managing agent, on real property owned by the association or in
2-20 common by the members of the association if the irrigation or yard
2-21 sprinkler system waters a portion of the real property that:
2-22 (A) is less than one-half acre in size; and
2-23 (B) is used for:
2-24 (i) aesthetic purposes; or
2-25 (ii) recreational purposes.
2-26 SECTION 2. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.