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  83R10676 SLB-F
 
  By: Fletcher H.B. No. 2781
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to rainwater harvesting and other water conservation
  initiatives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 447.004(c-1), Government Code, is
  amended 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 and outdoor water use [and landscape
  watering] be incorporated into the design and construction of:
                     (A)  each new state building with a roof area
  measuring at least 10,000 square feet; and
                     (B)  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 and outdoor water use [and landscape
  watering] be incorporated into the design and construction of each
  new state building with a roof area 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.
         SECTION 2.  Section 341.042(b), Health and Safety Code, as
  amended by Chapters 1311 (H.B. 3391) and 1240 (S.B. 1073), Acts of
  the 82nd Legislature, Regular Session, 2011, is reenacted and
  amended 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], the structure must have
  appropriate cross-connection safeguards.
         SECTION 3.  Sections 341.042(b-1), (b-2), and (b-3), Health
  and Safety Code, as added by Chapter 1240 (S.B. 1073), Acts of the
  82nd Legislature, Regular Session, 2011, are amended to read as
  follows:
         (b-1)  A privately owned rainwater harvesting system with a
  capacity of more than 500 gallons that has an auxiliary water supply
  shall have a backflow prevention assembly installed at the storage
  facility for the harvested rainwater to ensure physical separation
  between the rainwater harvesting system and the auxiliary water
  supply. [The commission shall work with the department to 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 may not connect a rainwater harvesting system
  to a public drinking water supply system [who installs and
  maintains rainwater harvesting systems that are connected to a
  public water supply system and are used for potable purposes must be
  licensed by the Texas State Board of Plumbing Examiners as a master
  plumber or journeyman plumber and hold an endorsement issued by the
  board as a water supply protection specialist].
         (b-3)  A person who intends to use [connect a rainwater
  harvesting system to] a public water supply system as an auxiliary
  water supply [for use for potable purposes] must give written
  notice of that intention to 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].
         SECTION 4.  Section 341.042(b-3), Health and Safety Code, as
  added by Chapter 1311 (H.B. 3391), Acts of the 82nd Legislature,
  Regular Session, 2011, is redesignated as Section 341.042(b-5),
  Health and Safety Code, to read as follows:
         (b-5) [(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 5.  Section 580.004(b), Local Government Code, is
  amended to read as follows:
         (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 10,000 [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 10,000 [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.
         SECTION 6.  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) & __ Fireplace(s) &
 
   Chimney    Chimney
 
   (Woodburning)    (Mock)
 
__ Natural Gas Lines __ Gas Fixtures
 
__ Liquid Propane Gas: __ LP Community __ LP on Property
 
   (Captive)
 
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 defects/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
 
   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
 
__ Single Blockable Main __ Previous Use of Premises
 
   Drain in Pool/Hot    for Manufacture of
 
   Tub/Spa*    Methamphetamine
  If the answer to any of the above is yes, explain.  (Attach
  additional sheets if necessary):________________________________
  ________________________________________________________________
  ________________________________________________________________
         *A single blockable main drain may cause a suction entrapment
  hazard for an individual.
  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 located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [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 7.  Not later than January 1, 2014, the Texas
  Commission on Environmental Quality shall adopt rules to implement
  Section 341.042, Health and Safety Code, as amended by this Act.
         SECTION 8.  Sections 341.042(b-1) and (b-2), Health and
  Safety Code, as added by Chapter 1311 (H.B. 3391), Acts of the 82nd
  Legislature, Regular Session, 2011, are repealed.
         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, 2013.