1-1 By: Kamel (Senate Sponsor - Brown) H.B. No. 328
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an exemption to the licensing requirements for
1-9 irrigators.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 34.002(a), Water Code, is amended to read
1-12 as follows:
1-13 (a) The licensure requirements of this chapter do not apply
1-14 to:
1-15 (1) any person licensed by the Texas State Board of
1-16 Plumbing Examiners;
1-17 (2) a registered professional engineer or architect or
1-18 landscape architect if his or her acts are incidental to the
1-19 pursuit of his or her profession;
1-20 (3) irrigation or yard sprinkler work done by a
1-21 property owner in a building or on premises owned or occupied by
1-22 him or her as his or her home;
1-23 (4) irrigation or yard sprinkler repair work, other
1-24 than extension of an existing irrigation or yard sprinkler system
1-25 or installation of a replacement system, done by a maintenance
1-26 person incidental to and on premises owned or managed by the
1-27 business in which he or she is regularly employed or engaged and
1-28 who does not engage in the occupation of licensed irrigator or in
1-29 yard sprinkler construction or maintenance for the general public;
1-30 (5) irrigation or yard sprinkler work done on the
1-31 premises or equipment of a railroad by a regular employee of the
1-32 railroad who does not engage in the occupation of licensed
1-33 irrigator or in yard sprinkler construction or maintenance for the
1-34 general public;
1-35 (6) irrigation and yard sprinkler work done by a
1-36 person who is regularly employed by a county, city, town, special
1-37 district, or political subdivision of the state on public property;
1-38 (7) a garden hose, hose sprinkler, hose-end product,
1-39 soaker hose, or agricultural irrigation system;
1-40 (8) a portable or solid set or other type of
1-41 commercial agricultural irrigation system; [or]
1-42 (9) irrigation or yard sprinkler work done by an
1-43 agriculturist, agronomist, horticulturist, forester, gardener,
1-44 contract gardener, garden or lawn caretaker, nurseryman, or grader
1-45 or cultivator of land on land owned by himself or herself; or
1-46 (10) irrigation or yard sprinkler work done by a
1-47 member of a property owners' association as defined by Section
1-48 202.001, Property Code, or by an employee of the association or its
1-49 managing agent, on real property owned by the association or in
1-50 common by the members of the association if the irrigation or yard
1-51 sprinkler system waters a portion of the real property that:
1-52 (A) is less than one-half acre in size; and
1-53 (B) is used for:
1-54 (i) aesthetic purposes; or
1-55 (ii) recreational purposes.
1-56 SECTION 2. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended,
1-61 and that this Act take effect and be in force from and after its
1-62 passage, and it is so enacted.
1-63 * * * * *