H.B. No. 1902
 
 
 
 
AN ACT
  relating to the regulation and use of graywater and alternative
  onsite water.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 341.039, Health and Safety Code, is
  amended to read as follows:
         Sec. 341.039.  [GRAYWATER] STANDARDS FOR GRAYWATER AND
  ALTERNATIVE ONSITE WATER. (a) The commission by rule shall adopt
  and implement minimum standards for the indoor and outdoor use and
  reuse of treated graywater and alternative onsite water for:
               (1)  irrigation and other agricultural purposes;
               (2)  domestic use, to the extent consistent with
  Subsection (c);
               (3)  commercial purposes; and
               (4)  industrial purposes.
         (a-1)  The standards adopted by the commission under
  Subsection (a)(2) must allow the use of graywater and alternative
  onsite water for toilet and urinal flushing.
         (b)  The standards adopted by the commission under
  Subsection (a) must assure that the use of graywater or alternative
  onsite water is not a nuisance and does not threaten human health or
  damage the quality of surface water and groundwater in this state.
         (b-1)  The commission by rule may adopt and implement rules
  providing for the inspection and annual testing of a graywater or
  alternative onsite water system by the commission.
         (b-2)  The commission shall develop and make available to the
  public a regulatory guidance manual to explain the rules adopted
  under this section.
         (c)  The commission may not require a permit for the domestic
  use of less than 400 gallons of graywater or alternative onsite
  water each day if the water [graywater]:
               (1)  originates from a private residence;
               (2)  is used by the occupants of that residence for
  gardening, composting, [or] landscaping, or indoor use as allowed
  by rule, including toilet or urinal flushing, at the residence;
               (3)  is collected using a system that may be diverted
  [overflows] into a sewage collection or on-site wastewater
  treatment and disposal system;
               (4)  is, if required by rule, stored in surge 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 or alternative onsite water;
               (7)  does not create runoff across the property lines
  or onto any paved surface; and
               (8)  is distributed by a surface or subsurface system
  that does not spray into the air.
         (d)  Each builder is encouraged to:
               (1)  install plumbing in new housing in a manner that
  provides the capacity to collect graywater or alternative onsite
  water from all allowable sources; and
               (2)  design and install a subsurface graywater or
  alternative onsite water system around the foundation of new
  housing in a way that minimizes foundation movement or cracking.
         (e)  In this section:
               (1)  "Alternative onsite water" means  rainwater,
  air-conditioner condensate, foundation drain water, storm water,
  cooling tower blowdown, swimming pool backwash and drain water,
  reverse osmosis reject water, or any other source of water
  considered appropriate by the commission.
               (2)  "Graywater" [, "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:
                     (A) [(1)]  that has come in contact with toilet
  waste;
                     (B) [(2)]  from the washing of material,
  including diapers, soiled with human excreta; or
                     (C) [(3)]  from sinks used for food preparation or
  disposal.
         SECTION 2.  Section 366.012(a), Health and Safety Code, is
  amended to read as follows:
         (a)  To assure the effective and efficient administration of
  this chapter, the commission shall:
               (1)  adopt rules governing the installation of on-site
  sewage disposal systems, including rules concerning the:
                     (A)  review and approval of on-site sewage
  disposal systems; and
                     (B)  temporary waiver of a permit for an emergency
  repair; and
               (2)  adopt rules under this chapter that:
                     (A)  encourage the use of economically feasible
  alternative techniques and technologies for on-site sewage
  disposal systems that can be used in soils not suitable for
  conventional on-site sewage disposal;
                     (B)  address the separation of graywater, as
  defined by Section 341.039, in a residence served by an on-site
  sewage disposal system; [and]
                     (C)  allow for an adjustment in the size required
  of an on-site sewage disposal system if the system is used in
  conjunction with a graywater system that complies with the rules
  adopted under Section 341.039; and
                     (D)  require on-site sewage disposal systems,
  including risers and covers, installed after September 1, 2012, to
  be designed to prevent access to the system by anyone other than:
                           (i)  the owner of the system; or
                           (ii)  a person described by Section
  366.071(a) or (b).
         SECTION 3.  Section 26.0311, Water Code, is amended by
  amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  In this section, "graywater" has the meaning provided by
  Section 341.039, Health and Safety Code [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;
               [(2)     from the washing of material, including diapers,
  soiled with human excreta; or
               [(3)     from sinks used for food preparation or
  disposal].
         (b-1)  The standards adopted by the commission under
  Subsection (b)(2) must allow the use of graywater for toilet and
  urinal flushing.
         SECTION 4.  The Texas Commission on Environmental Quality
  shall adopt the standards required by Sections 341.039 and 366.012,
  Health and Safety Code, as amended by this Act, and Section 26.0311,
  Water Code, as amended by this Act, not later than January 1, 2017.
         SECTION 5.  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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1902 was passed by the House on April
  28, 2015, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1902 on May 21, 2015, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1902 was passed by the Senate, with
  amendments, on May 20, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor