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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of certain rainwater |
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harvesting; providing administrative penalties; authorizing fees; |
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requiring an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Agriculture Code, is amended by adding |
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Chapter 202 to read as follows: |
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CHAPTER 202. RAINWATER HARVESTING |
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SUBCHAPTER A. POWERS AND DUTIES OF DEPARTMENT |
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Sec. 202.001. RULES. The department shall adopt rules that |
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are reasonable and necessary for the performance of the |
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department's duties under this chapter, including rules to |
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establish: |
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(1) licensing and other fees; |
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(2) license renewal dates; |
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(3) procedures for disciplinary actions; and |
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(4) standards for the installation and maintenance of |
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rainwater harvesting equipment by a license holder. |
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Sec. 202.002. LICENSING AND REGULATORY DUTIES. The |
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department shall: |
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(1) review and approve or reject each application for |
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the issuance or renewal of a license; |
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(2) issue each license; and |
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(3) deny, suspend, or revoke a license or otherwise |
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discipline a license holder. |
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SUBCHAPTER B. RAINWATER HARVESTING LICENSE |
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Sec. 202.051. LICENSE REQUIRED. A person may not install or |
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maintain or offer to install or maintain, for compensation, a |
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rainwater harvesting system with a capacity of more than 500 |
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gallons unless the person holds: |
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(1) a license under this chapter; or |
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(2) a master plumber or a journeyman plumber license |
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issued by the Texas State Board of Plumbing Examiners and holds a |
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water supply protection specialist endorsement issued by the board. |
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Sec. 202.052. ISSUANCE OF LICENSE. The department shall |
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issue a license to an applicant who: |
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(1) meets the eligibility requirements of Section |
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202.053; |
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(2) submits an application on a form prescribed by the |
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department; and |
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(3) pays the required application fee. |
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Sec. 202.053. ELIGIBILITY REQUIREMENTS. To be eligible for |
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a license under this chapter, an applicant must: |
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(1) successfully complete a rainwater harvesting |
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training program approved by the department; and |
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(2) pass an examination administered or approved by |
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the department. |
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Sec. 202.054. LICENSE TERM AND RENEWAL. (a) A license |
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issued under this chapter is valid for three years. |
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(b) A person who holds a license under this chapter may |
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renew the license by: |
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(1) paying the required renewal fee; |
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(2) submitting the appropriate form; and |
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(3) meeting any other requirement established by |
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department rule. |
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Sec. 202.055. CONTINUING EDUCATION REQUIREMENTS. The |
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department by rule shall adopt, monitor, and enforce a reporting |
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program for the continuing education of license holders. The |
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department shall adopt and administer rules that: |
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(1) establish the number of hours of continuing |
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education the department determines appropriate as a prerequisite |
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to the renewal of a license under this chapter; and |
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(2) adopt a process to assess a license holder's |
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participation in continuing education courses. |
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SUBCHAPTER C. PENALTIES AND ENFORCEMENT PROVISIONS |
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Sec. 202.101. LICENSE SUSPENSION OR REVOCATION. The |
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department may suspend or revoke a license if the license holder |
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violates this chapter or a rule adopted under this chapter. |
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Sec. 202.102. ADMINISTRATIVE PENALTY. A person who |
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violates this chapter or a rule or order adopted by the department |
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under this chapter is subject to an administrative penalty under |
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Section 12.020, regardless of whether the person holds a license |
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under this chapter. |
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SECTION 2. Section 12.020(c), Agriculture Code, is amended |
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to read as follows: |
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(c) The provisions of law subject to this section and the |
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applicable penalty amounts are as follows: |
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| Provision |
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Amount of Penalty |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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[and] 134, and 202 |
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not more than $5,000 |
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| Subchapters A, B, and C, Chapter 71 |
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not more than $5,000 |
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| Chapter 14 |
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not more than $10,000 |
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| Chapter 1951, Occupations Code |
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not more than $5,000 |
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| Chapter 153, Natural Resources |
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| Code |
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not more than $5,000. |
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SECTION 3. Not later than March 1, 2018, the Department of |
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Agriculture shall adopt rules necessary to implement Chapter 202, |
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Agriculture Code, as added by this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2017. |
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(b) Section 12.020(c), Agriculture Code, as amended by this |
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Act, and Sections 202.051 and 202.102, Agriculture Code, as added |
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by this Act, take effect September 1, 2018. |