H.B. No. 1656

	AN ACT
	relating to regulation of irrigation systems and irrigators.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 1903.251, Occupations Code, is amended
	to read as follows:
	Sec. 1903.251.  LICENSE REQUIRED.  (a) A person must hold a
	license issued by the commission under Chapter 37, Water Code, if
	the person:
	(1)  sells, designs, installs, maintains, alters,
	repairs, or services an irrigation system;
	(2)  provides consulting services relating to an
	irrigation system; [or]
	(3)  connects an irrigation system to a private or
	public, raw or potable water supply system or any water supply; or
	(4)  inspects an irrigation system for a municipality
	or water district.
	(b)  A person is ineligible for a license under Subsection
	(a)(4) if the person engages in or has a financial or advisory
	interest in an entity that engages in an activity under Subsection
	(a)(1), (2), or (3).
	SECTION 2.  Subchapter H, Chapter 49, Water Code, is amended
	by adding Section 49.238 to read as follows:
	Sec. 49.238.  IRRIGATION SYSTEMS. (a) A district may adopt
	and enforce rules that require an installer of an irrigation
	system:
	(1)  to hold a license issued under Section 1903.251,
	Occupations Code; and
	(2)  to obtain a permit before installing a system
	within the boundaries of the district.
	(b)  If a district adopts rules under Subsection (a), the
	rules shall include minimum standards and specifications for
	designing, installing, and operating irrigation systems in
	accordance with Section 1903.053, Occupations Code, and any rules
	adopted by the Texas Commission on Environmental Quality under that
	section.
	(c)  A district may employ or contract with a licensed
	plumbing inspector, a licensed irrigation inspector, the
	district's operator, or another governmental entity to enforce the
	rules.
	(d)  A district may charge an installer of an irrigation
	system a fee for obtaining or renewing a permit under Subsection
	(a)(2).  The district shall set the fee in an amount sufficient to
	enable the district to recover the cost of administering this
	section.
	(e)  This section does not apply to:
	(1)  an on-site sewage disposal system, as defined by
	Section 366.002, Health and Safety Code; or
	(2)  an irrigation system:
	(A)  used on or by an agricultural operation as
	defined by Section 251.002, Agriculture Code; or
	(B)  connected to a groundwater well used by the
	property owner for domestic use.
	SECTION 3.  Chapter 401, Local Government Code, is amended
	by adding Section 401.006 to read as follows:
	Sec. 401.006.  IRRIGATION SYSTEMS.  (a)  A municipality with
	a population of 20,000 or more by ordinance shall require an
	installer of an irrigation system:
	(1)  to hold a license issued under Section 1903.251,
	Occupations Code; and
	(2)  to obtain a permit before installing a system
	within the territorial limits or extraterritorial jurisdiction of
	the municipality.
	(b)  The ordinance shall include minimum standards and
	specifications for designing, installing, and operating irrigation
	systems in accordance with Section 1903.053, Occupations Code, and
	any rules adopted by the Texas Commission on Environmental Quality
	under that section.
	(c)  A municipality may employ or contract with a licensed
	plumbing inspector or a licensed irrigation inspector to enforce
	the ordinance.
	(d)  A municipality may charge an installer of an irrigation
	system a fee for obtaining or renewing a permit under Subsection
	(a)(2).  The municipality shall set the fee in an amount sufficient
	to enable the municipality to recover the cost of administering
	this section.
	(e)  This section does not apply to:
	(1)  an on-site sewage disposal system, as defined by
	Section 366.002, Health and Safety Code; or
	(2)  an irrigation system:
	(A)  used on or by an agricultural operation as
	defined by Section 251.002, Agriculture Code; or
	(B)  connected to a groundwater well used by the
	property owner for domestic use.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1656 was passed by the House on May 1,
	2007, by the following vote:  Yeas 116, Nays 26, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1656 was passed by the Senate on May
	22, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor