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.