AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
There is concern that lawn irrigation systems are being installed by people without a license because they can offer the service more cheaply than a licensed installer. The fear is that an unlicensed installer will contaminate the public water supply because they are not trained to prevent nonpotable water in lawn irrigation pipes from flowing into public water supply pipes that must be opened to install a lawn irrigation system. Concerned parties report that many municipal and county judges will not prosecute unlicensed irrigation installers because there is no clear punishment for the offense. H.B. 2507 seeks to address these concerns by creating the offense of installing an irrigation system without a license, making it unprofitable for an unlicensed irrigator to continue practicing without a license.
H.B. 2507 amends current law relating to the offense of installing an irrigation system without a license.
[Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.]
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter F, Chapter 1903, Occupations Code, by adding Section 1903.256, as follows:
Sec. 1903.256. INSTALLATION OF IRRIGATION SYSTEM WITHOUT LICENSE; OFFENSE. (a) Provides that unless exempt under Section 1903.002 (Exemptions), a person commits an offense if the person installs an irrigation system without holding a license issued by the Texas Natural Resource Conservation Commission under Chapter 37 (Occupational Licensing and Registration), Water Code.
(b) Provides that an offense under this section is a Class C misdemeanor.
SECTION 2. Effective date: September 1, 2011.