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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of irrigation systems and irrigators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 49, Water Code, is amended |
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by adding Section 49.238 to read as follows: |
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Sec. 49.238. IRRIGATION SYSTEMS. (a) A district may adopt |
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and enforce rules that require an installer of an irrigation |
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system: |
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(1) to hold a license issued under Section 1903.251, |
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Occupations Code; and |
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(2) to obtain a permit before installing a system |
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within the boundaries of the district. |
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(b) If a district adopts rules under Subsection (a), the |
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rules shall include minimum standards and specifications for |
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designing, installing, and operating irrigation systems in |
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accordance with Section 1903.053, Occupations Code, and any rules |
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adopted by the Texas Commission on Environmental Quality under that |
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section. |
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(c) A district may employ or contract with a licensed |
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plumbing inspector, the district's operator, or another |
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governmental entity to enforce the rules. |
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(d) A district may charge an installer of an irrigation |
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system a fee for obtaining or renewing a permit under Subsection |
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(a)(2). The district shall set the fee in an amount sufficient to |
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enable the district to recover the cost of administering this |
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section. |
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(e) This section does not apply to an on-site sewage |
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disposal system, as defined by Section 366.002, Health and Safety |
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Code. |
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SECTION 2. Chapter 401, Local Government Code, is amended |
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by adding Section 401.006 to read as follows: |
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Sec. 401.006. IRRIGATION SYSTEMS. (a) A municipality with |
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a population of 20,000 or more by ordinance shall require an |
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installer of an irrigation system: |
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(1) to hold a license issued under Section 1903.251, |
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Occupations Code; and |
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(2) to obtain a permit before installing a system |
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within the territorial limits or extraterritorial jurisdiction of |
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the municipality. |
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(b) The ordinance shall include minimum standards and |
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specifications for designing, installing, and operating irrigation |
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systems in accordance with Section 1903.053, Occupations Code, and |
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any rules adopted by the Texas Commission on Environmental Quality |
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under that section. |
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(c) A municipality may employ or contract with a licensed |
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plumbing inspector to enforce the ordinance. |
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(d) A municipality may charge an installer of an irrigation |
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system a fee for obtaining or renewing a permit under Subsection |
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(a)(2). The municipality shall set the fee in an amount sufficient |
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to enable the municipality to recover the cost of administering |
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this section. |
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(e) This section does not apply to an on-site sewage |
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disposal system, as defined by Section 366.002, Health and Safety |
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Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |