By: Averitt S.B. No. 1838
 
 
A BILL TO BE ENTITLED
AN ACT
relating to equipment used for irrigation systems.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 5, Water Code, is amended by adding
Subchapter S to read as follows:
SUBCHAPTER S.  STANDARDS FOR IRRIGATION SYSTEM EQUIPMENT
       Sec. 5.901.  DEFINITIONS.  In this subchapter:
             (1)  "Evapotranspiration" means the loss of water to
evaporation and plant transpiration.
             (2)  "Evapotranspiration-based irrigation control"
means an automatic irrigation control product that uses
evapotranspiration data to make seasonal adjustments to irrigation
schedules to conserve water by applying irrigation only in an
amount necessary to sustain the healthy growth of plants in the
landscaped area.
             (3)  "Irrigation runoff" means surface runoff of water
generated when the irrigation application rate exceeds the soil
infiltration rate and moisture saturation level.
             (4)  "Irrigation schedule" means the frequency with
which irrigation occurs.
             (5)  "Irrigation system" has the meaning assigned by
Section 1903.001, Occupations Code.
             (6)  "On-site evapotranspiration" means a calculation
of evapotranspiration made from climatic and other data collected
at the irrigation site.
             (7)  "Remote evapotranspiration" means a calculation
of evapotranspiration made from climatic and other data collected
remotely from the irrigation site.
             (8)  "Runoff control" means a manner of controlling or
preventing irrigation runoff.
       Sec. 5.902.  MINIMUM STANDARDS GOVERNING CERTAIN IRRIGATION
SYSTEM EQUIPMENT.  (a)  This section applies only to an irrigation
system owned by this state or a political subdivision of this state.
       (b)  Except as provided by Subsection (c), the commission
shall require a new or existing irrigation system to have an on-site
evapotranspiration controller.
       (c)  The commission shall authorize a new or existing
irrigation system to have a remote evapotranspiration controller if
the system:
             (1)  receives evapotranspiration data from a remote
weather station located not more than five miles from the
irrigation site; and
             (2)  includes an independent local rain and freeze
shut-off device.
       (d)  This section does not apply to a new or existing
irrigation system that distributes and conserves water in an area
of not more than:
             (1)  0.1 acres; or
             (2)  0.2 acres if the irrigation system distributes
nonpotable water.
       (e)  Not later than January 1, 2008, this state and each
political subdivision of this state must comply with this section.
       Sec. 5.903.  MANDATORY IRRIGATION SYSTEM EQUIPMENT
ORDINANCE.  (a)  The commission shall require each political
subdivision of this state to adopt a local ordinance that requires
new irrigation systems to have evapotranspiration-based irrigation
control systems and irrigation schedules based on climatic
conditions, specific terrains and soil types, and other
environmental conditions.  The ordinance must include:
             (1)  a requirement that an irrigation system located in
the political subdivision have an on-site evapotranspiration
controller with:
                   (A)  an independent rain and freeze shut-off
device;
                   (B)  technology to control irrigation runoff
based on the amount of water necessary to sustain the landscaped
area; and
                   (C)  an irrigation schedule controller that has
multiple cycle features to prevent irrigation runoff;
             (2)  references to local, state, and federal laws and
regulations regarding standards for water-conserving irrigation
equipment; and
             (3)  climate information for developing irrigation
schedules.
       (b)  A political subdivision of this state shall adopt an
ordinance as provided by Subsection (a) not later than January 1,
2009.  If a political subdivision does not adopt an ordinance by
that date, the commission shall impose the requirements of this
section on new irrigation systems installed in the political
subdivision.
       Sec. 5.904.  CERTAIN IRRIGATION SYSTEM EQUIPMENT REQUIRED.  
After January 1, 2011, an irrigation system may not be sold or
installed in this state unless the irrigation system has an on-site
evapotranspiration controller.
       SECTION 2.  Section 1903.053, Occupations Code, is amended
by adding Subsections (d) and (e) to read as follows:
       (d)  Except as provided by Subsection (e), after January 1,
2008, any installation of a new irrigation system or repair or
alteration of an existing system must meet the standard for on-site
evapotranspiration capabilities prescribed by Section 5.902(b),
Water Code.
       (e)  This section applies to the repair or alteration of an
existing irrigation system only if:
             (1)  the repair or alteration requires the replacement
of the controller; or
             (2)  the irrigation system supplies water to a
landscaped area for which the water usage is to be increased by more
than 20 percent.
       SECTION 3.  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.