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78R7338 QS-D

By:  Puente                                                       H.B. No. 2661



A BILL TO BE ENTITLED

AN ACT

relating to the use of graywater.                                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.0311, Water Code, is amended to read 
as follows:      
	Sec. 26.0311.  STANDARDS FOR CONTROL OF GRAYWATER
[GREYWATER].  (a)  In this section, "graywater" ["greywater"] means 
wastewater from clothes washing machines, showers, bathtubs, 
handwashing lavatories, and sinks that are not used for disposal of 
hazardous or toxic ingredients.  The term does not include 
wastewater:
		(1)  that has come in contact with toilet waste; or                    
		(2)  from the washing of material, including diapers, 
soiled with human excreta.
	(b)  The commission by rule shall adopt and implement minimum 
standards for the use of graywater for:
		(1)  [greywater in] irrigation and [for] other 
agricultural purposes;
		(2)  [,] domestic use, to the extent consistent with 
Section 341.039, Health and Safety Code;
		(3)  [,] commercial purposes; [,] and
		(4)  industrial purposes.                                       
	(c)  The standards adopted by the commission under 
Subsection (b) must [that will] assure that the use of graywater is 
[greywater will] not [be] a nuisance and does not [or] damage the 
quality of surface water and groundwater in this state.
	SECTION 2.  Section 341.039, Health and Safety Code, is 
amended to read as follows:
	Sec. 341.039.  GRAYWATER STANDARDS.  (a)  The commission 
[and the Texas State Board of Plumbing Examiners] by rule shall 
adopt and implement minimum standards for the use and reuse of 
graywater for:
		(1)  [in] irrigation and [for] other agricultural 
purposes;
		(2)  [,] domestic use, to the extent consistent with 
Subsection (c);
		(3)  [,] commercial purposes; [,] and
		(4)  industrial purposes.                                       
	(b)  The standards adopted by the commission under 
Subsection (a) must [to] assure that the use of graywater is not a 
nuisance and does not damage the quality of surface water and 
groundwater in this state.
	(c)  The commission may not require a permit for the domestic 
use of less than 400 gallons of graywater each day if the graywater:
		(1)  originates from a private residence;                              
		(2)  is used by the occupants of that residence for 
gardening, composting, or landscaping at the residence;
		(3)  is collected using a system that overflows into a 
sewage collection or on-site wastewater treatment and disposal 
system;
		(4)  is stored in tanks that:                                          
			(A)  are clearly labeled as nonpotable water;                         
			(B)  restrict access, especially to children; and                     
			(C)  eliminate habitat for mosquitoes and other 
vectors;            
		(5)  uses piping clearly identified as a nonpotable 
water conduit, including identification through the use of purple 
pipe, purple tape, or similar markings;
		(6)  is generated without the formation of ponds or 
pools of graywater;
		(7)  does not create runoff across the property lines 
or onto any paved surface;
		(8)  is distributed by drip, bubbler, or other system 
that does not spray into the air; and
		(9)  is collected using a system that maintains a 
vertical distance of at least five feet between the graywater 
system and the highest seasonal level of the water table.
	(d)  Each builder is encouraged to:                                     
		(1)  install plumbing in new housing in a manner that 
provides the capacity to collect graywater from all allowable 
sources; and
		(2)  design and install a subsurface graywater system 
around the foundation of new housing in a way that minimizes 
foundation movement or cracking.
	(e) [(b)]  In this section, "graywater" means wastewater 
from clothes-washing machines, showers, bathtubs, hand-washing 
lavatories, and sinks that are not used for disposal of hazardous or 
toxic ingredients.  The term does not include wastewater:
		(1)  that has come in contact with toilet waste; or                    
		(2)  from the washing of material, including diapers, 
soiled with human excreta.
	SECTION 3.  Not later than January 1, 2004, the Texas 
Commission on Environmental Quality by rule shall adopt and 
implement minimum standards for the use of graywater under Section 
26.0311, Water Code, as amended by this Act.
	SECTION 4.  This Act takes effect September 1, 2003.