81R10769 YDB-D
 
  By: Miller of Erath H.B. No. 2339
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of licensed irrigators.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1903.053(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission shall adopt by rule and enforce standards
  governing:
               (1)  the connection of irrigation systems to any water
  supply;
               (2)  [the design, installation, and operation of
  irrigation systems;
               [(3)]  water conservation; and
               (3) [(4)]  the duties and responsibilities of licensed
  irrigators.
         SECTION 2.  Subchapter B, Chapter 1903, Occupations Code, is
  amended by adding Section 1903.054 to read as follows:
         Sec. 1903.054.  RULES. (a) The commission may adopt rules to
  enforce this chapter.
         (b)  The commission may not adopt rules to require a licensed
  irrigator to:
               (1)  complete a maintenance checklist on completion of
  an irrigation system;
               (2)  include the irrigator's telephone number on any
  permanent sticker the irrigator is required to affix to any part of
  the irrigation system;
               (3)  provide a copy of the irrigation plan to the owner
  of the irrigation system or the owner's representative; or
               (4)  obtain the signature of the owner of the
  irrigation system or the owner's representative confirming receipt
  of any written warranty covering the installation.
         SECTION 3.  Section 1903.151(a), Occupations Code, is
  amended to read as follows:
         (a)  The Irrigator Advisory Council consists of nine members
  appointed by the governor [commission] as follows:
               (1)  six members who are irrigators, residents of this
  state, experienced in the irrigation business, and familiar with
  irrigation methods and techniques; and
               (2)  three public members.
         SECTION 4.  Chapter 1903, Occupations Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
         Sec. 1903.301.  ON-SITE SUPERVISION OR IRRIGATION PLAN. A
  licensed irrigator shall:
               (1)  provide on-site supervision at all times while a
  landscape irrigation system is being installed; or
               (2)  ensure that a copy of the irrigation plan for the
  site is on-site and available to the employees installing the
  landscape irrigation system at all times while the system is being
  installed.
         SECTION 5.  (a) Not later than January 1, 2010, the Texas
  Commission on Environmental Quality shall adopt the rules necessary
  to implement the changes in law made by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the governor shall appoint members to the Irrigator Advisory
  Council as required by Section 1903.151, Occupations Code, as
  amended by this Act. A member of the advisory council appointed by
  the Texas Commission on Environmental Quality continues to serve
  until the date the governor appoints new members to the council.
         SECTION 6.  This Act takes effect September 1, 2009.