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A BILL TO BE ENTITLED
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AN ACT
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relating to equipment used for irrigation systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 5, Water Code, is amended by adding |
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Subchapter S to read as follows: |
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SUBCHAPTER S. STANDARDS FOR IRRIGATION SYSTEM EQUIPMENT |
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Sec. 5.901. DEFINITIONS. In this subchapter: |
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(1) "Evapotranspiration" means the loss of water to |
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evaporation and plant transpiration. |
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(2) "Evapotranspiration-based irrigation control" |
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means an automatic irrigation control product that uses |
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evapotranspiration data to make seasonal adjustments to irrigation |
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schedules to conserve water by applying irrigation only in an |
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amount necessary to sustain the healthy growth of plants in the |
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landscaped area. |
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(3) "Irrigation runoff" means surface runoff of water |
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generated when the irrigation application rate exceeds the soil |
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infiltration rate and moisture saturation level. |
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(4) "Irrigation schedule" means the frequency with |
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which irrigation occurs. |
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(5) "Irrigation system" has the meaning assigned by |
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Section 1903.001, Occupations Code. |
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(6) "On-site evapotranspiration" means a calculation |
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of evapotranspiration made from climatic and other data collected |
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at the irrigation site. |
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(7) "Remote evapotranspiration" means a calculation |
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of evapotranspiration made from climatic and other data collected |
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remotely from the irrigation site. |
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(8) "Runoff control" means a manner of controlling or |
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preventing irrigation runoff. |
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Sec. 5.902. MINIMUM STANDARDS GOVERNING CERTAIN IRRIGATION |
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SYSTEM EQUIPMENT. (a) This section applies only to an irrigation |
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system owned by this state or a political subdivision of this state. |
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(b) Except as provided by Subsection (c), the commission |
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shall require a new or existing irrigation system to have an on-site |
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evapotranspiration controller. |
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(c) The commission shall authorize a new or existing |
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irrigation system to have a remote evapotranspiration controller if |
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the system: |
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(1) receives evapotranspiration data from a remote |
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weather station located not more than five miles from the |
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irrigation site; and |
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(2) includes an independent local rain and freeze |
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shut-off device. |
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(d) This section does not apply to a new or existing |
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irrigation system that distributes and conserves water in an area |
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of not more than: |
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(1) 0.1 acres; or |
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(2) 0.2 acres if the irrigation system distributes |
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nonpotable water. |
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(e) Not later than January 1, 2008, this state and each |
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political subdivision of this state must comply with this section. |
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Sec. 5.903. MANDATORY IRRIGATION SYSTEM EQUIPMENT |
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ORDINANCE. (a) The commission shall require each political |
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subdivision of this state to adopt a local ordinance that requires |
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new irrigation systems to have evapotranspiration-based irrigation |
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control systems and irrigation schedules based on climatic |
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conditions, specific terrains and soil types, and other |
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environmental conditions. The ordinance must include: |
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(1) a requirement that an irrigation system located in |
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the political subdivision have an on-site evapotranspiration |
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controller with: |
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(A) an independent rain and freeze shut-off |
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device; |
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(B) technology to control irrigation runoff |
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based on the amount of water necessary to sustain the landscaped |
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area; and |
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(C) an irrigation schedule controller that has |
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multiple cycle features to prevent irrigation runoff; |
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(2) references to local, state, and federal laws and |
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regulations regarding standards for water-conserving irrigation |
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equipment; and |
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(3) climate information for developing irrigation |
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schedules. |
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(b) A political subdivision of this state shall adopt an |
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ordinance as provided by Subsection (a) not later than January 1, |
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2009. If a political subdivision does not adopt an ordinance by |
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that date, the commission shall impose the requirements of this |
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section on new irrigation systems installed in the political |
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subdivision. |
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Sec. 5.904. CERTAIN IRRIGATION SYSTEM EQUIPMENT REQUIRED. |
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After January 1, 2011, an irrigation system may not be sold or |
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installed in this state unless the irrigation system has an on-site |
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evapotranspiration controller. |
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SECTION 2. Section 1903.053, Occupations Code, is amended |
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by adding Subsections (d) and (e) to read as follows: |
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(d) Except as provided by Subsection (e), after January 1, |
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2008, any installation of a new irrigation system or repair or |
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alteration of an existing system must meet the standard for on-site |
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evapotranspiration capabilities prescribed by Section 5.902(b), |
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Water Code. |
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(e) This section applies to the repair or alteration of an |
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existing irrigation system only if: |
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(1) the repair or alteration requires the replacement |
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of the controller; or |
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(2) the irrigation system supplies water to a |
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landscaped area for which the water usage is to be increased by more |
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than 20 percent. |
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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. |