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A BILL TO BE ENTITLED
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AN ACT
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relating to rainwater harvesting and other water conservation |
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initiatives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 59, Finance Code, is |
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amended by adding Section 59.012 to read as follows: |
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Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED |
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RAINWATER. Financial institutions may consider making loans for |
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developments that will use harvested rainwater as the sole source |
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of water supply. |
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SECTION 2. Section 447.004, Government Code, is amended by |
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amending Subsection (c-1) and adding Subsection (c-3) to read as |
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follows: |
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(c-1) The procedural standards adopted under this section |
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must require that: |
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(1) on-site reclaimed system technologies, including |
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rainwater harvesting, condensate collection, or cooling tower blow |
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down, or a combination of those system technologies, for potable |
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and nonpotable indoor use and landscape watering be incorporated |
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into the design and construction of: |
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(A) [(1)] each new state building with a roof |
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measuring at least 10,000 square feet; and |
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(B) [(2)] any other new state building for which |
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the incorporation of such systems is feasible; and |
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(2) rainwater harvesting system technology for |
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potable and nonpotable indoor use and landscape watering be |
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incorporated into the design and construction of each new state |
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building with a roof measuring at least 50,000 square feet that is |
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located in an area of this state in which the average annual |
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rainfall is at least 20 inches. |
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(c-3) The procedural standards required by Subsection |
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(c-1)(2) apply to a building described by that subdivision unless |
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Subsection (c-2) applies or the state agency or institution of |
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higher education constructing the building provides the state |
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energy conservation office evidence that the amount of rainwater |
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that will be harvested from one or more existing buildings at the |
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same location is equivalent to the amount of rainwater that could |
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have been harvested from the new building had rainwater harvesting |
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system technology been incorporated into its design and |
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construction. |
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SECTION 3. Section 341.042, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (b-1), |
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(b-2), and (b-3) to read as follows: |
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(b) The commission by rule shall provide that if a structure |
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is connected to a public water supply system and has a rainwater |
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harvesting system, [for indoor use:
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[(1)] the structure must have appropriate |
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cross-connection safeguards[; and
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[(2)
the rainwater harvesting system may be used only
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for nonpotable indoor purposes]. |
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(b-1) The commission shall develop rules regarding the |
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installation and maintenance of rainwater harvesting systems that |
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are used for indoor potable purposes and connected to a public water |
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supply system. The rules must contain criteria that are sufficient |
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to ensure that: |
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(1) safe sanitary drinking water standards are met; |
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and |
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(2) harvested rainwater does not come into |
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communication with a public water supply system's drinking water at |
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a location off of the property on which the rainwater harvesting |
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system is located. |
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(b-2) A person who intends to connect a rainwater harvesting |
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system to a public water supply system for use for potable purposes |
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must give written notice of that intention to the municipality in |
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which the rainwater harvesting system is located or the owner or |
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operator of the public water supply system before connecting the |
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rainwater harvesting system to the public water supply system. |
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(b-3) A municipality or the owner or operator of a public |
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water supply system may not be held liable for any adverse health |
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effects allegedly caused by the consumption of water collected by a |
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rainwater harvesting system that is connected to a public water |
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supply system and is used for potable purposes if the municipality |
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or the public water supply system is in compliance with the sanitary |
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standards for drinking water adopted by the commission and |
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applicable to the municipality or public water supply system. |
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SECTION 4. Chapter 580, Local Government Code, is amended |
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by adding Section 580.004 to read as follows: |
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Sec. 580.004. RAINWATER HARVESTING. (a) Each municipality |
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and county is encouraged to promote rainwater harvesting at |
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residential, commercial, and industrial facilities through |
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incentives such as the provision at a discount of rain barrels or |
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rebates for water storage facilities. |
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(b) The Texas Water Development Board shall ensure that |
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training on rainwater harvesting is available for the members of |
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the permitting staffs of municipalities and counties at least |
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quarterly. Each member of the permitting staff of each county and |
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municipality located wholly or partly in an area designated by the |
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Texas Commission on Environmental Quality as a priority groundwater |
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management area under Section 35.008, Water Code, whose work |
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relates directly to permits involving rainwater harvesting and each |
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member of the permitting staff of each county and municipality with |
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a population of more than 100,000 whose work relates directly to |
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permits involving rainwater harvesting must receive appropriate |
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training regarding rainwater harvesting standards and their |
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relation to permitting at least once every five years. Members of |
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the permitting staffs of counties and municipalities not located |
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wholly or partly in an area designated by the Texas Commission on |
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Environmental Quality as a priority groundwater management area |
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under Section 35.008, Water Code, whose work relates directly to |
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permits involving rainwater harvesting and members of the |
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permitting staffs of counties and municipalities with a population |
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of 100,000 or less whose work relates directly to permits involving |
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rainwater harvesting are encouraged to receive the training. The |
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Texas Water Development Board may provide appropriate training by |
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seminars or by videotape or functionally similar and widely |
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available media without cost. |
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(c) A municipality or county may not deny a building permit |
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solely because the facility will implement rainwater harvesting. |
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However, a municipality or county may require that a rainwater |
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harvesting system comply with the minimum state standards |
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established for such a system. |
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(d) Each school district is encouraged to implement |
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rainwater harvesting at facilities of the district. |
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SECTION 5. Section 5.008(b), Property Code, is amended to |
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read as follows: |
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(b) The notice must be executed and must, at a minimum, read |
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substantially similar to the following: |
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SELLER'S DISCLOSURE NOTICE |
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CONCERNING THE PROPERTY AT ___________________________________ |
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(Street Address and City) |
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THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF |
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THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY |
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SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR |
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WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT |
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A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. |
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Seller __ is __ is not occupying the Property. |
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If unoccupied, how long since Seller has occupied the Property? |
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________________________________________________________________ |
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1. The Property has the items checked below: |
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Write Yes (Y), No (N), or Unknown (U). |
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__ Range |
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__ Oven |
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__ Microwave |
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__ Dishwasher |
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__ Trash Compactor |
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__ Disposal |
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__ Washer/Dryer |
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__ Window |
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__ Rain Gutters |
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__ Security |
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__ Fire Detection |
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__ Intercom |
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__ TV Antenna |
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__ Cable TV |
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__ Satellite |
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__ Ceiling Fan(s) |
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__ Attic Fan(s) |
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__ Exhaust |
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__ Central A/C |
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__ Central Heating |
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__ Wall/Window |
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__ Plumbing System |
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__ Septic System |
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__ Public Sewer |
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__ Patio/Decking |
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__ Outdoor Grill |
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__ Fences |
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__ Pool Equipment |
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__ Pool Heater |
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__ Automatic Lawn |
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__ Fireplace(s) & |
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__ Fireplace(s) & |
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__ Gas Lines |
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__ Gas Fixtures |
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Garage: __ Attached |
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__ Not Attached |
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__ Carport |
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Garage Door Opener(s): |
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__ Electronic |
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__ Control(s) |
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Water Heater: |
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__ Gas |
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__ Electric |
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Water Supply: __ City |
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__ Well __ MUD |
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__ Co-op |
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Roof Type: ________________________________Age: _____(approx) |
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Are you (Seller) aware of any of the above items that are not in |
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working condition, that have known defects, or that are in need of |
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repair? __ Yes __ No __ Unknown. |
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If yes, then describe. (Attach additional sheets if necessary): |
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________________________________________________________________ |
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________________________________________________________________ |
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2. Does the property have working smoke detectors installed in |
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accordance with the smoke detector requirements of Chapter 766, |
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Health and Safety Code?* __ Yes __ No __ Unknown. |
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If the answer to the question above is no or unknown, |
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explain. (Attach additional sheets if necessary): |
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________________________________________________________________ |
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________________________________________________________________ |
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*Chapter 766 of the Health and Safety Code requires |
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one-family or two-family dwellings to have working smoke detectors |
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installed in accordance with the requirements of the building code |
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in effect in the area in which the dwelling is located, including |
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performance, location, and power source requirements. If you do |
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not know the building code requirements in effect in your area, you |
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may check unknown above or contact your local building official for |
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more information. A buyer may require a seller to install smoke |
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detectors for the hearing impaired if: (1) the buyer or a member of |
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the buyer's family who will reside in the dwelling is hearing |
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impaired; (2) the buyer gives the seller written evidence of the |
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hearing impairment from a licensed physician; and (3) within 10 |
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days after the effective date, the buyer makes a written request for |
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the seller to install smoke detectors for the hearing impaired and |
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specifies the locations for installation. The parties may agree who |
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will bear the cost of installing the smoke detectors and which brand |
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of smoke detectors to install. |
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3. Are you (Seller) aware of any known defect/malfunctions in any |
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of the following? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Interior Walls |
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__ Ceilings |
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__ Floors |
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__ Exterior Walls |
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__ Doors |
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__ Windows |
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__ Roof |
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__ Foundation/ |
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__ Basement |
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__ Walls/Fences |
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__ Driveways |
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__ Sidewalks |
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__ Plumbing/Sewers/ |
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__ Electrical |
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__ Lighting |
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__ Other Structural Components (Describe):____________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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4. Are you (Seller) aware of any of the following conditions? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Active Termites |
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__ Previous Structural |
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__ Termite or Wood Rot Damage |
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__ Hazardous or Toxic Waste |
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__ Termite or Wood Rot Damage |
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__ Hazardous or Toxic Waste |
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__ Previous Termite Damage |
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__ Asbestos Components |
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__ Previous Termite |
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__ Urea formaldehyde |
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__ Previous Flooding |
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__ Radon Gas |
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__ Improper Drainage |
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__ Lead Based Paint |
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__ Water Penetration |
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__ Aluminum Wiring |
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__ Located in 100-Year |
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__ Previous Fires |
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__ Present Flood Insurance |
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__ Unplatted Easements |
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__ Landfill, Settling, Soil |
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__ Subsurface |
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Movement, Fault Lines |
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Structure or Pits |
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__ Previous Use of Premises for |
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Manufacture of Methamphetamine |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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5. Are you (Seller) aware of any item, equipment, or system in or |
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on the property that is in need of repair? __ Yes (if you are |
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aware) __ No (if you are not aware). If yes, explain (attach |
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additional sheets as necessary)._________________________________ |
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6. Are you (Seller) aware of any of the following? |
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Write Yes (Y) if you aware, write No (N) if you are not aware. |
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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. |
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Homeowners' Association or maintenance fees or assessments. |
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Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. |
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Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. |
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Any lawsuits directly or indirectly affecting the Property. |
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Any condition on the Property which materially affects the physical health or safety of an individual. |
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Any rainwater harvesting system connected to the property's public water supply that is able to be used for indoor potable purposes. |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary): _____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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7. If the property is located in a coastal area that is seaward of |
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the Gulf Intracoastal Waterway or within 1,000 feet of the mean high |
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tide bordering the Gulf of Mexico, the property may be subject to |
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the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63, |
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Natural Resources Code, respectively) and a beachfront |
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construction certificate or dune protection permit may be required |
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for repairs or improvements. Contact the local government with |
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ordinance authority over construction adjacent to public beaches |
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for more information. |
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_______________________________________________________ |
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Date Signature of Seller |
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The undersigned purchaser hereby acknowledges receipt of the |
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foregoing notice. |
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_______________________________________________________ |
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Date Signature of Purchaser |
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SECTION 6. Section 202.007(d), Property Code, is amended to |
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read as follows: |
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(d) This section does not: |
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(1) restrict a property owners' association from |
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regulating the requirements, including size, type, shielding, and |
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materials, for or the location of a composting device[, rain
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barrel, rain harvesting device, or any other appurtenance] if the |
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restriction does not prohibit the economic installation of the |
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device [or appurtenance] on the property owner's property where |
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there is reasonably sufficient area to install the device [or
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appurtenance]; |
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(2) require a property owners' association to permit a |
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device [or appurtenance] described by Subdivision (1) to be |
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installed in or on property: |
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(A) owned by the property owners' association; |
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(B) owned in common by the members of the |
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property owners' association; or |
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(C) in an area other than the fenced yard or patio |
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of a property owner; |
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(3) prohibit a property owners' association from |
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regulating the installation of efficient irrigation systems, |
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including establishing visibility limitations for aesthetic |
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purposes; |
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(4) prohibit a property owners' association from |
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regulating the installation or use of gravel, rocks, or cacti; [or] |
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(5) restrict a property owners' association from |
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regulating yard and landscape maintenance if the restrictions or |
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requirements do not restrict or prohibit turf or landscaping design |
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that promotes water conservation; |
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(6) require a property owners' association to permit a |
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rain barrel or rainwater harvesting system to be installed in or on |
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property if: |
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(A) the property is: |
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(i) owned by the property owners' |
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association; |
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(ii) owned in common by the members of the |
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property owners' association; or |
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(iii) located between the front of the |
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property owner's home and an adjoining or adjacent street; or |
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(B) the barrel or system: |
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(i) is of a color other than a color |
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consistent with the color scheme of the property owner's home; or |
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(ii) displays any language or other content |
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that is not typically displayed by such a barrel or system as it is |
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manufactured; or |
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(7) restrict a property owners' association from |
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regulating the size, type, and shielding of, and the materials used |
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in the construction of, a rain barrel, rainwater harvesting device, |
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or other appurtenance that is located on the side of a house or at |
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any other location that is visible from a street, another lot, or a |
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common area if: |
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(A) the restriction does not prohibit the |
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economic installation of the device or appurtenance on the property |
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owner's property; and |
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(B) there is a reasonably sufficient area on the |
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property owner's property in which to install the device or |
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appurtenance. |
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SECTION 7. Section 1.003, Water Code, is amended to read as |
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follows: |
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Sec. 1.003. PUBLIC POLICY. It is the public policy of the |
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state to provide for the conservation and development of the |
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state's natural resources, including: |
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(1) the control, storage, preservation, and |
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distribution of the state's storm and floodwaters and the waters of |
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its rivers and streams for irrigation, power, and other useful |
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purposes; |
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(2) the reclamation and irrigation of the state's |
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arid, semiarid, and other land needing irrigation; |
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(3) the reclamation and drainage of the state's |
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overflowed land and other land needing drainage; |
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(4) the conservation and development of its forest, |
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water, and hydroelectric power; |
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(5) the navigation of the state's inland and coastal |
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waters; |
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(6) the maintenance of a proper ecological environment |
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of the bays and estuaries of Texas and the health of related living |
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marine resources; [and] |
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(7) the voluntary stewardship of public and private |
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lands to benefit waters of the state; and |
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(8) the promotion of rainwater harvesting for potable |
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and nonpotable purposes at public and private facilities in this |
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state, including residential, commercial, and industrial |
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buildings. |
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SECTION 8. If the 82nd Legislature makes an appropriation |
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to the Texas Water Development Board to provide matching grants to |
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political subdivisions of this state for rainwater harvesting |
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demonstration projects, the board shall, not later than December 1, |
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2012, provide a report to the lieutenant governor and the speaker of |
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the house of representatives regarding the projects for which the |
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board has provided grants, including: |
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(1) a description of each project; and |
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(2) the amount of the grant provided for each project. |
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SECTION 9. Section 5.008(b), Property Code, as amended by |
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this Act, applies only to a transfer of property that occurs on or |
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after the effective date of this Act. A transfer of property that |
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occurs before the effective date of this Act is governed by the law |
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applicable to the transfer immediately before that date, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, a transfer of property occurs before the |
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effective date of this Act if the contract binding the purchaser to |
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purchase the property is executed before that date. |
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SECTION 10. This Act takes effect September 1, 2011. |