82(R) HB 3391 - Enrolled version



	H.B. No. 3391

AN ACT

relating to rainwater harvesting and other water conservation

initiatives.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 59, Finance Code, is

amended by adding Section 59.012 to read as follows:

Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED

RAINWATER. Financial institutions may consider making loans for

developments that will use harvested rainwater as the sole source

of water supply.

SECTION 2. Section 447.004, Government Code, is amended by

amending Subsection (c-1) and adding Subsection (c-3) to read as

follows:

(c-1) The procedural standards adopted under this section

must require that:

(1) on-site reclaimed system technologies, including

rainwater harvesting, condensate collection, or cooling tower blow

down, or a combination of those system technologies, for potable

and nonpotable indoor use and landscape watering be incorporated

into the design and construction of:

(A) [~~(1)~~] each new state building with a roof

measuring at least 10,000 square feet; and

(B) [~~(2)~~] any other new state building for which

the incorporation of such systems is feasible; and

(2) rainwater harvesting system technology for

potable and nonpotable indoor use and landscape watering be

incorporated into the design and construction of each new state

building with a roof measuring at least 50,000 square feet that is

located in an area of this state in which the average annual

rainfall is at least 20 inches.

(c-3) The procedural standards required by Subsection

(c-1)(2) apply to a building described by that subdivision unless

Subsection (c-2) applies or the state agency or institution of

higher education constructing the building provides the state

energy conservation office evidence that the amount of rainwater

that will be harvested from one or more existing buildings at the

same location is equivalent to the amount of rainwater that could

have been harvested from the new building had rainwater harvesting

system technology been incorporated into its design and

construction.

SECTION 3. Section 341.042, Health and Safety Code, is

amended by amending Subsection (b) and adding Subsections (b-1),

(b-2), and (b-3) to read as follows:

(b) The commission by rule shall provide that if a structure

is connected to a public water supply system and has a rainwater

harvesting system, [~~for indoor use:~~

[~~(1)~~] the structure must have appropriate

cross-connection safeguards[~~; and~~

[~~(2)~~ ~~the rainwater harvesting system may be used only~~

~~for nonpotable indoor purposes~~].

(b-1) The commission shall develop rules regarding the

installation and maintenance of rainwater harvesting systems that

are used for indoor potable purposes and connected to a public water

supply system. The rules must contain criteria that are sufficient

to ensure that:

(1) safe sanitary drinking water standards are met;

and

(2) harvested rainwater does not come into

communication with a public water supply system's drinking water at

a location off of the property on which the rainwater harvesting

system is located.

(b-2) A person who intends to connect a rainwater harvesting

system to a public water supply system for use for potable purposes

must receive the consent of the municipality in which the rainwater

harvesting system is located or the owner or operator of the public

water supply system before connecting the rainwater harvesting

system to the public water supply system.

(b-3) A municipality or the owner or operator of a public

water supply system may not be held liable for any adverse health

effects allegedly caused by the consumption of water collected by a

rainwater harvesting system that is connected to a public water

supply system and is used for potable purposes if the municipality

or the public water supply system is in compliance with the sanitary

standards for drinking water adopted by the commission and

applicable to the municipality or public water supply system.

SECTION 4. Chapter 580, Local Government Code, is amended

by adding Section 580.004 to read as follows:

Sec. 580.004. RAINWATER HARVESTING. (a) Each municipality

and county is encouraged to promote rainwater harvesting at

residential, commercial, and industrial facilities through

incentives such as the provision at a discount of rain barrels or

rebates for water storage facilities.

(b) The Texas Water Development Board shall ensure that

training on rainwater harvesting is available for the members of

the permitting staffs of municipalities and counties at least

quarterly. Each member of the permitting staff of each county and

municipality located wholly or partly in an area designated by the

Texas Commission on Environmental Quality as a priority groundwater

management area under Section 35.008, Water Code, whose work

relates directly to permits involving rainwater harvesting and each

member of the permitting staff of each county and municipality with

a population of more than 100,000 whose work relates directly to

permits involving rainwater harvesting must receive appropriate

training regarding rainwater harvesting standards and their

relation to permitting at least once every five years. Members of

the permitting staffs of counties and municipalities not located

wholly or partly in an area designated by the Texas Commission on

Environmental Quality as a priority groundwater management area

under Section 35.008, Water Code, whose work relates directly to

permits involving rainwater harvesting and members of the

permitting staffs of counties and municipalities with a population

of 100,000 or less whose work relates directly to permits involving

rainwater harvesting are encouraged to receive the training. The

Texas Water Development Board may provide appropriate training by

seminars or by videotape or functionally similar and widely

available media without cost.

solely because the facility will implement rainwater harvesting.

However, a municipality or county may require that a rainwater

harvesting system comply with the minimum state standards

established for such a system.

(d) Each school district is encouraged to implement

rainwater harvesting at facilities of the district.

SECTION 5. Section 5.008(b), Property Code, is amended to

read as follows:

(b) The notice must be executed and must, at a minimum, read

substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT ___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF

THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY

SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR

WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT

A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

Hookups

Screens

__ Security

__ Fire Detection

__ Intercom

System

Equipment

System

__ Smoke Detector

__ Smoke Detector -

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna

__ Cable TV

__ Satellite

Wiring

Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window

Air

Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &

Chimney

(Woodburning)

(Mock)

__ Gas Lines

__ Gas Fixtures

(Nat./LP)

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type: ________________________________Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in

working condition, that have known defects, or that are in need of

repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary):

________________________________________________________________

2. Does the property have working smoke detectors installed in

accordance with the smoke detector requirements of Chapter 766,

Health and Safety Code?* __ Yes __ No __ Unknown.

If the answer to the question above is no or unknown,

explain. (Attach additional sheets if necessary):

________________________________________________________________

*Chapter 766 of the Health and Safety Code requires

one-family or two-family dwellings to have working smoke detectors

installed in accordance with the requirements of the building code

in effect in the area in which the dwelling is located, including

performance, location, and power source requirements. If you do

not know the building code requirements in effect in your area, you

may check unknown above or contact your local building official for

more information. A buyer may require a seller to install smoke

detectors for the hearing impaired if: (1) the buyer or a member of

the buyer's family who will reside in the dwelling is hearing

impaired; (2) the buyer gives the seller written evidence of the

hearing impairment from a licensed physician; and (3) within 10

days after the effective date, the buyer makes a written request for

the seller to install smoke detectors for the hearing impaired and

specifies the locations for installation. The parties may agree who

will bear the cost of installing the smoke detectors and which brand

of smoke detectors to install.

3. Are you (Seller) aware of any known defect/malfunctions in any

of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

Septics

Systems

Fixtures

__ Other Structural Components (Describe):____________________

________________________________________________________________

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

4. Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

(includes

or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

Treatment

Insulation

__ Previous Flooding

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Penetration

__ Aluminum Wiring

__ Located in 100-Year

__ Previous Fires

Floodplain

__ Present Flood Insurance

__ Unplatted Easements

Coverage

__ Landfill, Settling, Soil

__ Subsurface

Movement, Fault Lines

Structure or Pits

__ Previous Use of Premises for

Manufacture of Methamphetamine

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

5. Are you (Seller) aware of any item, equipment, or system in or

on the property that is in need of repair? __ Yes (if you are

aware) __ No (if you are not aware). If yes, explain (attach

additional sheets as necessary)._________________________________

6. Are you (Seller) aware of any of the following?

Write Yes (Y) if you aware, write No (N) if you are not aware.

__	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__	Homeowners' Association or maintenance fees or assessments.

__	Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__	Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__	Any lawsuits directly or indirectly affecting the Property.

__	Any condition on the Property which materially affects the physical health or safety of an individual.

__	Any rainwater harvesting system connected to the property's public water supply that is able to be used for indoor potable purposes.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary): _____________________________

________________________________________________________________

7. If the property is located in a coastal area that is seaward of

the Gulf Intracoastal Waterway or within 1,000 feet of the mean high

tide bordering the Gulf of Mexico, the property may be subject to

the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,

Natural Resources Code, respectively) and a beachfront

construction certificate or dune protection permit may be required

for repairs or improvements. Contact the local government with

ordinance authority over construction adjacent to public beaches

for more information.

_______________________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the

foregoing notice.

_______________________________________________________

Date Signature of Purchaser

SECTION 6. Section 202.007(d), Property Code, is amended to

read as follows:

(d) This section does not:

(1) restrict a property owners' association from

regulating the requirements, including size, type, shielding, and

materials, for or the location of a composting device[~~, rain~~

~~barrel, rain harvesting device, or any other appurtenance~~] if the

restriction does not prohibit the economic installation of the

device [~~or appurtenance~~] on the property owner's property where

there is reasonably sufficient area to install the device [or

~~appurtenance~~];

(2) require a property owners' association to permit a

device [~~or appurtenance~~] described by Subdivision (1) to be

installed in or on property:

(A) owned by the property owners' association;

(B) owned in common by the members of the

property owners' association; or

of a property owner;

(3) prohibit a property owners' association from

regulating the installation of efficient irrigation systems,

including establishing visibility limitations for aesthetic

purposes;

(4) prohibit a property owners' association from

regulating the installation or use of gravel, rocks, or cacti; [or]

(5) restrict a property owners' association from

regulating yard and landscape maintenance if the restrictions or

requirements do not restrict or prohibit turf or landscaping design

that promotes water conservation;

(6) require a property owners' association to permit a

rain barrel or rainwater harvesting system to be installed in or on

property if:

(A) the property is:

(i) owned by the property owners'

association;

(ii) owned in common by the members of the

property owners' association; or

(iii) located between the front of the

property owner's home and an adjoining or adjacent street; or

(B) the barrel or system:

(i) is of a color other than a color

consistent with the color scheme of the property owner's home; or

(ii) displays any language or other content

that is not typically displayed by such a barrel or system as it is

manufactured; or

(7) restrict a property owners' association from

regulating the size, type, and shielding of, and the materials used

in the construction of, a rain barrel, rainwater harvesting device,

or other appurtenance that is located on the side of a house or at

any other location that is visible from a street, another lot, or a

common area if:

(A) the restriction does not prohibit the

economic installation of the device or appurtenance on the property

owner's property; and

(B) there is a reasonably sufficient area on the

property owner's property in which to install the device or

appurtenance.

SECTION 7. Section 1.003, Water Code, is amended to read as

follows:

Sec. 1.003. PUBLIC POLICY. It is the public policy of the

state to provide for the conservation and development of the

state's natural resources, including:

(1) the control, storage, preservation, and

distribution of the state's storm and floodwaters and the waters of

its rivers and streams for irrigation, power, and other useful

purposes;

(2) the reclamation and irrigation of the state's

arid, semiarid, and other land needing irrigation;

(3) the reclamation and drainage of the state's

overflowed land and other land needing drainage;

(4) the conservation and development of its forest,

water, and hydroelectric power;

(5) the navigation of the state's inland and coastal

waters;

(6) the maintenance of a proper ecological environment

of the bays and estuaries of Texas and the health of related living

marine resources; [~~and~~]

(7) the voluntary stewardship of public and private

lands to benefit waters of the state; and

(8) the promotion of rainwater harvesting for potable

and nonpotable purposes at public and private facilities in this

state, including residential, commercial, and industrial

buildings.

SECTION 8. If the 82nd Legislature makes an appropriation

to the Texas Water Development Board to provide matching grants to

political subdivisions of this state for rainwater harvesting

demonstration projects, the board shall, not later than December 1,

2012, provide a report to the lieutenant governor and the speaker of

the house of representatives regarding the projects for which the

board has provided grants, including:

(1) a description of each project; and

(2) the amount of the grant provided for each project.

SECTION 9. Section 5.008(b), Property Code, as amended by

this Act, applies only to a transfer of property that occurs on or

after the effective date of this Act. A transfer of property that

occurs before the effective date of this Act is governed by the law

applicable to the transfer immediately before that date, and the

former law is continued in effect for that purpose. For the

purposes of this section, a transfer of property occurs before the

effective date of this Act if the contract binding the purchaser to

purchase the property is executed before that date.

SECTION 10. This Act takes effect September 1, 2011.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 3391 was passed by the House on May 5,

2011, by the following vote: Yeas 141, Nays 2, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 3391 on May 23, 2011, by the following vote: Yeas 144, Nays 1,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3391 was passed by the Senate, with

amendments, on May 20, 2011, by the following vote: Yeas 31, Nays

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor