This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSSB 3 (house committee printing), in ARTICLE 2 of the
bill, by adding the following appropriately numbered SECTIONS to
the ARTICLE and renumbering subsequent SECTIONS of that ARTICLE
accordingly:
SECTION 2.____. Subtitle A, Title 2, Water Code, is amended
by adding Chapter 10 to read as follows:
CHAPTER 10. WATER CONSERVATION ADVISORY COUNCIL
Sec. 10.001. DEFINITIONS. In this chapter:
(1) "Best management practices" has the meaning
assigned by Section 11.002.
(2) "Board" means the Texas Water Development Board.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Council" means the Water Conservation Advisory
Council.
Sec. 10.002. PURPOSE. The council is created to provide the
governor, lieutenant governor, speaker of the house of
representatives, legislature, board, commission, political
subdivisions, and public with the resource of a select council with
expertise in water conservation.
Sec. 10.003. CREATION AND MEMBERSHIP. (a) The council is
composed of 23 members appointed by the board. The board shall
appoint one member to represent each of the following entities or
interest groups:
(1) Texas Commission on Environmental Quality;
(2) Department of Agriculture;
(3) Parks and Wildlife Department;
(4) State Soil and Water Conservation Board;
(5) Texas Water Development Board;
(6) regional water planning groups;
(7) federal agencies;
(8) municipalities;
(9) groundwater conservation districts;
(10) river authorities;
(11) environmental groups;
(12) irrigation districts;
(13) institutional water users;
(14) professional organizations focused on water
conservation;
(15) higher education;
(16) agricultural groups;
(17) refining and chemical manufacturing;
(18) electric generation;
(19) mining and recovery of minerals;
(20) landscape irrigation and horticulture;
(21) water control and improvement districts;
(22) rural water users; and
(23) municipal utility districts.
(b) Each entity or interest group described by Subsection
(a) may recommend one or more persons to fill the position on the
council held by the member who represents that entity or interest
group. If one or more persons are recommended for a position on the
council, the board shall appoint one of the persons recommended to
fill the position.
Sec. 10.004. TERMS. (a) Members of the council serve
staggered terms of six years, with seven or eight members' terms, as
applicable, expiring August 31 of each odd-numbered year.
(b) The board shall fill a vacancy on the council for the
unexpired term by appointing a person who has the same
qualifications as required under Section 10.003 for the person who
previously held the vacated position.
Sec. 10.005. PRESIDING OFFICER. The council members shall
select one member as the presiding officer of the council to serve
in that capacity until the person's term as a council member
expires.
Sec. 10.006. COUNCIL STAFF. On request by the council, the
board shall provide any necessary staff to assist the council in the
performance of its duties.
Sec. 10.007. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The council may hold public meetings as needed to fulfill its duties
under this chapter.
(b) The council is subject to Chapters 551 and 552,
Government Code.
Sec. 10.008. INAPPLICABILITY OF ADVISORY COMMITTEE LAW.
Chapter 2110, Government Code, does not apply to the size,
composition, or duration of the council.
Sec. 10.009. COMPENSATION OF MEMBERS. (a) Members of the
council serve without compensation but may be reimbursed by
legislative appropriation for actual and necessary expenses
related to the performance of council duties.
(b) Reimbursement under Subsection (a) is subject to the
approval of the presiding officer of the council.
Sec. 10.010. POWERS AND DUTIES OF COUNCIL. The council
shall:
(1) monitor trends in water conservation
implementation;
(2) monitor new technologies for possible inclusion by
the board as best management practices in the best management
practices guide developed by the water conservation implementation
task force under Chapter 109, Acts of the 78th Legislature, Regular
Session, 2003;
(3) monitor the effectiveness of the statewide water
conservation public awareness program developed under Section
16.401 and associated local involvement in implementation of the
program;
(4) develop and implement a state water management
resource library;
(5) develop and implement a public recognition program
for water conservation;
(6) monitor the implementation of water conservation
strategies by water users included in regional water plans; and
(7) monitor target and goal guidelines for water
conservation to be considered by the board and commission.
Sec. 10.011. REPORT. Not later than December 1 of each
even-numbered year, the council shall submit to the governor,
lieutenant governor, and speaker of the house of representatives a
report on progress made in water conservation in this state.
Sec. 10.012. DESIGNATION OF CERTIFIED WATER CONSERVATION
TRAINING FACILITIES STUDY. (a) The council shall conduct a study
to evaluate the desirability of requiring the board to:
(1) designate as certified water conservation
training facilities entities and programs that provide assistance
to retail public utilities in developing water conservation plans
under Section 13.146; and
(2) give preference to certified water conservation
training facilities in making loans or grants for water
conservation training and education activities.
(b) Not later than December 1, 2008, the council shall
submit a written report containing the findings of the study and the
recommendations of the council to the governor, lieutenant
governor, and speaker of the house of representatives.
(c) This section expires June 1, 2009.
SECTION 2.____. Subchapter Z, Chapter 51, Education Code,
is amended by adding Section 51.969 to read as follows:
Sec. 51.969. ON-SITE RECLAIMED SYSTEM TECHNOLOGIES
CURRICULUM. The Texas Higher Education Coordinating Board shall
encourage each institution of higher education to develop
curriculum and provide related instruction regarding on-site
reclaimed system technologies, including rainwater harvesting,
condensate collection, or cooling tower blow down.
SECTION 2.____. Section 447.004, Government Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The procedural standards adopted under this section
must require that on-site reclaimed system technologies, including
rainwater harvesting, condensate collection, or cooling tower blow
down, or a combination of those system technologies, for nonpotable
indoor use and landscape watering be incorporated into the design
and construction of:
(1) each new state building with a roof measuring at
least 10,000 square feet; and
(2) any other new state building for which the
incorporation of such systems is feasible.
SECTION 2.____. Section 341.042, Health and Safety Code, is
amended to read as follows:
Sec. 341.042. STANDARDS FOR HARVESTED RAINWATER. (a)
The commission shall establish recommended standards relating to
the domestic use of harvested rainwater, including health and
safety standards for treatment and collection methods for harvested
rainwater intended for drinking, cooking, or bathing.
(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:
(1) the structure must have appropriate
cross-connection safeguards; and
(2) the rainwater harvesting system may be used only
for nonpotable indoor purposes.
(c) Standards and rules adopted by the commission under this
chapter governing public drinking water supply systems do not apply
to a person:
(1) who harvests rainwater for domestic use; and
(2) whose property is not connected to a public
drinking water supply system.
SECTION 2.____. Chapter 401, Local Government Code, is
amended by adding Section 401.006 to read as follows:
Sec. 401.006. WATER CONSERVATION BY HOME-RULE
MUNICIPALITY. A home-rule municipality may adopt and enforce
ordinances requiring water conservation in the municipality and by
customers of the municipality's municipally owned water and sewer
utility in the extraterritorial jurisdiction of the municipality.
SECTION 2.____. Section 1903.053, Occupations Code, is
amended to read as follows:
Sec. 1903.053. STANDARDS. (a) The commission shall adopt
by rule and enforce standards governing:
(1) the connection of irrigation systems to any water
supply;
(2) the design, installation, and operation of
irrigation systems;
(3) water conservation; and
(4) the duties and responsibilities of licensed
irrigators.
(b) [The commission may adopt standards for irrigation that
include water conservation, irrigation system design and
installation, and compliance with municipal codes.
[(c)] The commission may not require or prohibit the use of
any irrigation system, component part, or equipment of any
particular brand or manufacturer.
(c) In adopting standards under this section, the
commission shall consult the council.
SECTION 2.____. As soon as practicable on or after the
effective date of this article, the Texas Water Development Board
shall appoint the initial members of the Water Conservation
Advisory Council, as required by Section 10.003, Water Code, as
added by this article. In making the initial appointments, the
board shall designate seven members to serve terms expiring August
31, 2009, eight members to serve terms expiring August 31, 2011, and
eight members to serve terms expiring August 31, 2013.
SECTION 2.____. Not later than June 1, 2008, the Texas
Commission on Environmental Quality shall adopt standards as
required by Section 1903.053, Occupations Code, as amended by this
article, to take effect January 1, 2009.
SECTION 2.____. Section 2.____ of this article, adding
Section 447.004(c-1), Government Code, takes effect September 1,
2009.