80R6501 ACP-F
  By: Puente H.B. No. 4
relating to water conservation.
       SECTION 1.  Subchapter A, Chapter 1, Water Code, is amended
by adding Section 1.004 to read as follows:
legislature finds that voluntary land stewardship enhances the
efficiency and effectiveness of this state's watersheds by helping
to increase surface water and groundwater supplies, resulting in a
benefit to the natural resources of this state and to the general
       (b)  "Land stewardship," as used in this section, is the
voluntary practice of managing land to conserve or enhance suitable
landscapes and the ecosystem values of the land. Land stewardship
includes land and habitat management, wildlife conservation, and
watershed protection. Land stewardship practices include runoff
reduction, prescribed burning, managed grazing, brush management,
erosion management, reseeding with native plant species, riparian
management and restoration, and spring and creek-bank protection,
all of which benefit the water resources of this state.
       SECTION 2.  Subtitle A, Title 2, Water Code, is amended by
adding Chapter 10 to read as follows:
       Sec. 10.001.  DEFINITIONS. In this chapter:
             (1)  "Best management practices" has the meaning
assigned by Section 11.002.
             (2)  "Board" means the Texas Water Development Board.
             (3)  "Commission" means the Texas Commission on
Environmental Quality.
             (4)  "Council" means the Water Conservation Advisory
       Sec. 10.002.  PURPOSE.  The council is created to provide the
governor, lieutenant governor, speaker of the house of
representatives, legislature, board, commission, political
subdivisions, and public with the resource of a select council with
expertise in water conservation.
       Sec. 10.003.  CREATION AND MEMBERSHIP.  (a)  The council is
composed of 17 members appointed by the board. The board shall
appoint one member to represent each of the following entities or
interest groups:
             (1)  Texas Commission on Environmental Quality;
             (2)  Department of Agriculture;
             (3)  Parks and Wildlife Department;
             (4)  State Soil and Water Conservation Board;
             (5)  Texas Water Development Board;
             (6)  regional water planning groups;
             (7)  federal agencies;
             (8)  municipalities;
             (9)  groundwater conservation districts;
             (10)  river authorities;
             (11)  environmental groups;
             (12)  irrigation districts;
             (13)  industries;
             (14)  institutional water users;
             (15)  professional organizations focused on water
             (16)  higher education; and
             (17)  agricultural groups.
       (b)  Each entity or interest group described by Subsection
(a) may recommend one or more persons to fill the position on the
council held by the member who represents that entity or interest
group.  If one or more persons are recommended for a position on the
council, the board shall appoint one of the persons recommended to
fill the position.
       Sec. 10.004.  TERMS.  (a)  Members of the council serve
staggered terms of six years, with five or six members' terms, as
applicable, expiring August 31 of each odd-numbered year.
       (b)  The board shall fill a vacancy on the council for the
unexpired term by appointing a person who has the same
qualifications as required under Section 10.003 for the person who
previously held the vacated position.
       Sec. 10.005.  PRESIDING OFFICER.  The council members shall
select one member as the presiding officer of the council to serve
in that capacity until the person's term as a council member
       Sec. 10.006.  COUNCIL STAFF. On request by the council, the
board shall provide any necessary staff to assist the council in the
performance of its duties.
The council may hold public meetings as needed to fulfill its duties
under this chapter.
       (b)  The council is subject to Chapters 551 and 552,
Government Code.
Chapter 2110, Government Code, does not apply to the size,
composition, or duration of the council.
       Sec. 10.009.  COMPENSATION OF MEMBERS.  (a)  Members of the
council serve without compensation but may be reimbursed by
legislative appropriation for actual and necessary expenses
related to the performance of council duties.
       (b)  Reimbursement under Subsection (a) is subject to the
approval of the presiding officer of the council.
       Sec. 10.010.  POWERS AND DUTIES OF COUNCIL.  The council
             (1)  monitor trends in water conservation
             (2)  monitor new technologies for possible inclusion by
the board as best management practices in the best management
practices guide developed by the water conservation implementation
task force under Chapter 109, Acts of the 78th Legislature, Regular
Session, 2003;
             (3)  monitor the effectiveness of the statewide water
conservation public awareness program developed under Section
16.401 and associated local involvement in implementation of the
             (4)  develop and implement a state water management
resource library;
             (5)  develop and implement a public recognition program
for water conservation;
             (6)  monitor the implementation of water conservation
strategies by water users included in regional water plans; and
             (7)  monitor target and goal guidelines for water
conservation to be considered by the board and commission.
       Sec. 10.011.  REPORT.  Not later than December 1 of each
even-numbered year, the council shall submit to the governor,
lieutenant governor, and speaker of the house of representatives a
report on progress made in water conservation in this state.
       SECTION 3.  Section 11.002, Water Code, is amended by adding
Subdivision (15) to read as follows:
             (15)  "Best management practices" means those
voluntary efficiency measures developed by the commission and the
board that save a quantifiable amount of water, either directly or
indirectly, and that can be implemented within a specified time
       SECTION 4.  Subchapter E, Chapter 13, Water Code, is amended
by adding Section 13.146 to read as follows:
       Sec. 13.146.  WATER CONSERVATION PLAN.  The commission shall
require a retail public utility that provides potable water service
to a population of 3,300 or more to submit to the executive
administrator of the board a water conservation plan based on
specific targets and goals developed by the retail public utility
and using appropriate best management practices, as defined by
Section 11.002, or other water conservation strategies.  For
purposes of this section, the population served by a retail public
utility shall be determined on the basis of the population
estimates contained in the most recent regional water plan adopted
for the regional water planning area in which the retail public
utility's service area is located.
       SECTION 5.  Section 15.102(b), Water Code, is amended to
read as follows:
       (b)  The loan fund may also be used by the board to provide:
             (1)  grants or loans for projects that include
supplying water and wastewater services in economically distressed
areas or nonborder colonias as provided by legislative
appropriations, this chapter, and board rules, including projects
involving retail distribution of those services; and
             (2)  grants for:
                   (A)  projects for which federal grant funds are
placed in the loan fund;
                   (B)  projects, on specific legislative
appropriation for those projects; or
                   (C)  water conservation, desalination, brush
control, weather modification, regionalization, and projects
providing regional water quality enhancement services as defined by
board rule, including regional conveyance systems.
       SECTION 6.  Chapter 16, Water Code, is amended by adding
Subchapter K to read as follows:
PROGRAM.  (a)  The executive administrator shall develop and
implement a statewide water conservation public awareness program
to educate residents of this state about water conservation. The
program shall take into account the differences in water
conservation needs of various geographic regions of the state and
shall be designed to complement and support existing local and
regional water conservation programs.
       (b)  The executive administrator is required to develop and
implement the program required by Subsection (a) in a state fiscal
biennium only if the legislature appropriates sufficient money in
that biennium specifically for that purpose.
       Sec. 16.402.  WATER CONSERVATION PLAN REVIEW. (a)  Each
entity that is required to submit a water conservation plan to the
commission under this code shall submit a copy of the plan to the
executive administrator.
       (b)  Each entity that is required to submit a water
conservation plan to the executive administrator, board, or
commission under this code shall report annually to the executive
administrator on the entity's progress in implementing the plan.
       (c)  The executive administrator shall review each water
conservation plan and annual report to determine compliance with
the minimum requirements and submission deadlines developed under
Subsection (e).
       (d)  The board may notify the commission if the board
determines that an entity has violated this section or a rule
adopted under this section.  Notwithstanding Section 7.051(b), a
violation of this section or of a rule adopted under this section is
enforceable in the manner provided by Chapter 7 for a violation of a
provision of this code within the commission's jurisdiction or of a
rule adopted by the commission under a provision of this code within
the commission's jurisdiction.
       (e)  The board and commission jointly shall adopt rules:
             (1)  identifying the minimum requirements and
submission deadlines for the water conservation plans described by
Subsection (b) and the annual reports required by that subsection;
             (2)  providing for the enforcement of this section and
rules adopted under this section.
       SECTION 7.  Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.969 to read as follows:
Higher Education Coordinating Board shall encourage each
institution of higher education to develop curriculum and provide
related instruction on rainwater harvesting technology.
       SECTION 8.  Section 447.004, Government Code, is amended by
adding Subsection (c-1) to read as follows:
       (c-1)  The procedural standards adopted under this section
must require that rainwater harvesting systems for nonpotable
indoor use and landscape watering be incorporated into the design
and construction of:
             (1)  each new state building with a roof measuring at
least 10,000 square feet; and
             (2)  any other new state building for which the
incorporation of such systems is feasible.
       SECTION 9.  Section 341.042, Health and Safety Code, is
amended to read as follows:
       Sec. 341.042.  STANDARDS FOR HARVESTED RAINWATER.  (a) The
commission shall establish recommended standards relating to the
domestic use of harvested rainwater, including health and safety
standards for treatment and collection methods for harvested
rainwater intended for drinking, cooking, or bathing.
       (b)  The commission by rule shall provide that if a structure
is connected to a public water supply system and has a rainwater
harvesting system for indoor use:
             (1)  the structure must have appropriate
cross-connection safeguards; and
             (2)  the rainwater harvesting system may be used only
for nonpotable indoor purposes.
       (c)  Standards and rules adopted by the commission under this
chapter governing public drinking water supply systems do not apply
to a person:
             (1)  who harvests rainwater for domestic use; and
             (2)  whose property is not connected to a public
drinking water supply system.
       SECTION 10.  Section 1903.053, Occupations Code, is amended
to read as follows:
       Sec. 1903.053.  STANDARDS.  (a)  The commission shall adopt
by rule and enforce standards governing:
             (1)  the connection of irrigation systems to any water
             (2)  the design, installation, and operation of
irrigation systems;
             (3)  water conservation; and
             (4)  the duties and responsibilities of licensed
       (b)  [The commission may adopt standards for irrigation that
include water conservation, irrigation system design and
installation, and compliance with municipal codes.
       [(c)]  The commission may not require or prohibit the use of
any irrigation system, component part, or equipment of any
particular brand or manufacturer.
       (c)  In adopting standards under this section, the
commission shall consult the council.
       SECTION 11.  As soon as practicable on or after the effective
date of this Act, the Texas Water Development Board shall appoint
the initial members of the Water Conservation Advisory Council, as
required by Section 10.003, Water Code, as added by this Act.  In
making the initial appointments, the board shall designate five
members to serve terms expiring August 31, 2009, six members to
serve terms expiring August 31, 2011, and six members to serve terms
expiring August 31, 2013.
       SECTION 12.  Section 15.102(b), Water Code, as amended by
this Act, applies only to an application for financial assistance
filed with the Texas Water Development Board on or after the
effective date of this Act. An application for financial assistance
filed before the effective date of this Act is governed by the law
in effect on the date the application was filed, and the former law
is continued in effect for that purpose.
       SECTION 13.  Not later than January 1, 2008, the Texas Water
Development Board and the Texas Commission on Environmental Quality
jointly shall adopt rules as required by Section 16.402(e), Water
Code, as added by this Act.
       SECTION 14.  Not later than June 1, 2008, the Texas
Commission on Environmental Quality shall adopt standards as
required by Section 1903.053, Occupations Code, as amended by this
Act, to take effect January 1, 2009.
       SECTION 15.  This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2007.