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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of licensed irrigators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1903.053(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall adopt by rule and enforce standards |
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governing: |
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(1) the connection of irrigation systems to any water |
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supply; |
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(2) [the design, installation, and operation of
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irrigation systems;
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[(3)] water conservation; and |
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(3) [(4)] the duties and responsibilities of licensed |
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irrigators. |
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SECTION 2. Subchapter B, Chapter 1903, Occupations Code, is |
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amended by adding Section 1903.054 to read as follows: |
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Sec. 1903.054. RULES. (a) The commission may adopt rules to |
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enforce this chapter. |
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(b) The commission may not adopt rules to require a licensed |
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irrigator to: |
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(1) complete a maintenance checklist on completion of |
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an irrigation system; |
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(2) include the irrigator's telephone number on any |
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permanent sticker the irrigator is required to affix to any part of |
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the irrigation system; |
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(3) provide a copy of the irrigation plan to the owner |
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of the irrigation system or the owner's representative; or |
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(4) obtain the signature of the owner of the |
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irrigation system or the owner's representative confirming receipt |
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of any written warranty covering the installation. |
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SECTION 3. Section 1903.151(a), Occupations Code, is |
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amended to read as follows: |
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(a) The Irrigator Advisory Council consists of nine members |
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appointed by the governor [commission] as follows: |
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(1) six members who are irrigators, residents of this |
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state, experienced in the irrigation business, and familiar with |
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irrigation methods and techniques; and |
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(2) three public members. |
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SECTION 4. Chapter 1903, Occupations Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. PRACTICE BY LICENSE HOLDER |
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Sec. 1903.301. ON-SITE SUPERVISION OR IRRIGATION PLAN. A |
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licensed irrigator shall: |
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(1) provide on-site supervision at all times while a |
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landscape irrigation system is being installed; or |
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(2) ensure that a copy of the irrigation plan for the |
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site is on-site and available to the employees installing the |
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landscape irrigation system at all times while the system is being |
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installed. |
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SECTION 5. (a) Not later than January 1, 2010, the Texas |
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Commission on Environmental Quality shall adopt the rules necessary |
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to implement the changes in law made by this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the governor shall appoint members to the Irrigator Advisory |
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Council as required by Section 1903.151, Occupations Code, as |
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amended by this Act. A member of the advisory council appointed by |
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the Texas Commission on Environmental Quality continues to serve |
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until the date the governor appoints new members to the council. |
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SECTION 6. This Act takes effect September 1, 2009. |