H.B. No. 2661




AN ACT

relating to the use of graywater.                                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.0311, Water Code, is amended to read 
as follows:      
	Sec. 26.0311.  STANDARDS FOR CONTROL OF GRAYWATER
[GREYWATER].  (a)  In this section, "graywater" ["greywater"] means 
wastewater from clothes washing machines, showers, bathtubs, 
handwashing lavatories, and sinks that are not used for disposal of 
hazardous or toxic ingredients.  The term does not include 
wastewater:
		(1)  that has come in contact with toilet waste;                       
		(2)  from the washing of material, including diapers, 
soiled with human excreta; or
		(3)  from sinks used for food preparation or disposal.                 
	(b)  The commission by rule shall adopt and implement minimum 
standards for the use of graywater for:
		(1)  [greywater in] irrigation and [for] other 
agricultural purposes;
		(2)  [,] domestic use, to the extent consistent with 
Section 341.039, Health and Safety Code;
		(3)  [,] commercial purposes; [,] and
		(4)  industrial purposes.                                       
	(c)  The standards adopted by the commission under 
Subsection (b) must [that will] assure that the use of graywater is 
[greywater will] not [be] a nuisance and does not [or] damage the 
quality of surface water and groundwater in this state.
	SECTION 2.  Section 341.039, Health and Safety Code, is 
amended to read as follows:
	Sec. 341.039.  GRAYWATER STANDARDS.  (a)  The commission 
[and the Texas State Board of Plumbing Examiners] by rule shall 
adopt and implement minimum standards for the use and reuse of 
graywater for:
		(1)  [in] irrigation and [for] other agricultural 
purposes;
		(2)  [,] domestic use, to the extent consistent with 
Subsection (c);
		(3)  [,] commercial purposes; [,] and
		(4)  industrial purposes.                                       
	(b)  The standards adopted by the commission under 
Subsection (a) must [to] assure that the use of graywater is not a 
nuisance and does not damage the quality of surface water and 
groundwater in this state.
	(c)  The commission may not require a permit for the domestic 
use of less than 400 gallons of graywater each day if the graywater:
		(1)  originates from a private residence;                              
		(2)  is used by the occupants of that residence for 
gardening, composting, or landscaping at the residence;
		(3)  is collected using a system that overflows into a 
sewage collection or on-site wastewater treatment and disposal 
system;
		(4)  is stored in tanks that:                                          
			(A)  are clearly labeled as nonpotable water;                         
			(B)  restrict access, especially to children; and                     
			(C)  eliminate habitat for mosquitoes and other 
vectors;            
		(5)  uses piping clearly identified as a nonpotable 
water conduit, including identification through the use of purple 
pipe, purple tape, or similar markings;
		(6)  is generated without the formation of ponds or 
pools of graywater;
		(7)  does not create runoff across the property lines 
or onto any paved surface; and
		(8)  is distributed by a surface or subsurface system 
that does not spray into the air.
	(d)  Each builder is encouraged to:                                     
		(1)  install plumbing in new housing in a manner that 
provides the capacity to collect graywater from all allowable 
sources; and
		(2)  design and install a subsurface graywater system 
around the foundation of new housing in a way that minimizes 
foundation movement or cracking.
	(e) [(b)]  In this section, "graywater" means wastewater 
from clothes-washing machines, showers, bathtubs, hand-washing 
lavatories, and sinks that are not used for disposal of hazardous or 
toxic ingredients.  The term does not include wastewater:
		(1)  that has come in contact with toilet waste;                       
		(2)  from the washing of material, including diapers, 
soiled with human excreta; or
		(3)  from sinks used for food preparation or disposal.                 
	SECTION 3.  Section 366.012(a), Health and Safety Code, is 
amended to read as follows:
	(a)  To assure the effective and efficient administration of 
this chapter, the commission shall:
		(1)  adopt rules governing the installation of on-site 
sewage disposal systems, including rules concerning the:
			(A)  review and approval of on-site sewage 
disposal systems; and           
			(B)  temporary waiver of a permit for an emergency 
repair; and             
		(2)  adopt rules under this chapter that:                              
			(A)  encourage the use of economically feasible 
alternative techniques and technologies for on-site sewage 
disposal systems that can be used in soils not suitable for 
conventional on-site sewage disposal; and
			(B)  address the separation of graywater, as 
defined by Section 341.039, in a residence served by an on-site 
sewage disposal system.
	SECTION 4.  Not later than June 1, 2004, the Texas Commission 
on Environmental Quality by rule shall:
		(1)  adopt and implement minimum standards for the use 
of graywater under Section 26.0311, Water Code, as amended by this 
Act; and
		(2)  address the separation of graywater in a residence 
served by an on-site sewage disposal system under Section 
366.012(a), Health and Safety Code, as amended by this Act.
	SECTION 5.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2661 was passed by the House on May 2, 
2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2661 was passed by the Senate on May 
28, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor