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A BILL TO BE ENTITLED
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AN ACT
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relating to programs to provide incentives for conserving water in |
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outdoor landscapes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Agriculture Code, is amended by adding |
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Chapter 46A to read as follows: |
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CHAPTER 46A. LANDSCAPE AND IRRIGATION INCENTIVE PROGRAMS |
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Sec. 46A.001. DEFINITIONS. In this chapter: |
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(1) "Evapotranspiration" means the loss of water to |
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evaporation and plant transpiration. |
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(2) "Governmental entity" means a state agency or |
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political subdivision. |
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(3) "Irrigation application" means the duration, |
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frequency, and time of irrigation. |
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(4) "Landscape incentive program" means a program that |
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provides monetary incentives to encourage the replacement of a lawn |
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with landscaping that requires less water to maintain than the |
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existing lawn, such as landscaping that includes drought-resistant |
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plants. |
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(5) "Retail public utility" has the meaning assigned |
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by Section 13.002, Water Code. |
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Sec. 46A.002. DEPARTMENT LISTS OF PLANTS AND LANDSCAPE |
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INCENTIVE PROGRAMS. (a) |
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The department shall establish, maintain, |
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and publish a list of publicly funded programs in this state that |
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encourage the replacement of a lawn with landscaping that requires |
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less water to maintain than the existing lawn. |
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(b) A governmental entity or retail public utility that |
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operates a landscape incentive program that is wholly or partly |
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funded with public money shall register the program with the |
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department for inclusion on the list described by Subsection (a). |
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(c) To provide information for administrators of and |
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participants in landscape incentive programs in this state, the |
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department shall establish, maintain, and publish for each type of |
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climate in this state a list of types of grasses and other plants |
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that the department determines can sustain healthy growth in that |
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climate with minimal irrigation. |
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(d) The department may adopt rules as necessary to implement |
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this section. |
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Sec. 46A.003. IRRIGATION INCENTIVE PROGRAMS. A |
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governmental entity or retail public utility that operates a |
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landscape incentive program that is wholly or partly funded with |
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public money may, except as otherwise provided by other law, |
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provide as part of the program monetary incentives for the purchase |
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and installation of irrigation or sprinkler controllers that make |
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periodic adjustments to irrigation applications based on weather |
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conditions, evapotranspiration rates, and soil moisture levels for |
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the purpose of conserving water by applying irrigation only in an |
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amount necessary to sustain the healthy growth of the irrigated |
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plants, such as: |
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(1) evapotranspiration-based controllers; |
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(2) smart irrigation controllers; |
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(3) smart sprinkler controllers; and |
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(4) weather-based irrigation controllers. |
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SECTION 2. This Act takes effect September 1, 2017. |