85R24419 JXC-F
 
  By: King of Uvalde H.B. No. 3717
 
  Substitute the following for H.B. No. 3717:
 
  By:  King of Uvalde C.S.H.B. No. 3717
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to programs to provide incentives for conserving water in
  outdoor landscapes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 3, Agriculture Code, is amended by adding
  Chapter 46A to read as follows:
  CHAPTER 46A.  LANDSCAPE AND IRRIGATION INCENTIVE PROGRAMS
         Sec. 46A.001.  DEFINITIONS. In this chapter:
               (1)  "Evapotranspiration" means the loss of water to
  evaporation and plant transpiration.
               (2)  "Governmental entity" means a state agency or
  political subdivision.
               (3)  "Irrigation application" means the duration,
  frequency, and time of irrigation.
               (4)  "Landscape incentive program" means a program that
  provides monetary incentives to encourage the replacement of a lawn
  with landscaping that requires less water to maintain than the
  existing lawn, such as landscaping that includes drought-resistant
  plants.
               (5)  "Retail public utility" has the meaning assigned
  by Section 13.002, Water Code.
         Sec. 46A.002.  DEPARTMENT LISTS OF PLANTS AND LANDSCAPE
  INCENTIVE PROGRAMS. (a)  The department shall establish, maintain,
  and publish a list of publicly funded programs in this state that
  encourage the replacement of a lawn with landscaping that requires
  less water to maintain than the existing lawn.
         (b)  A governmental entity or retail public utility that
  operates a landscape incentive program that is wholly or partly
  funded with public money shall register the program with the
  department for inclusion on the list described by Subsection (a).
         (c)  To provide information for administrators of and
  participants in landscape incentive programs in this state, the
  department shall establish, maintain, and publish for each type of
  climate in this state a list of types of grasses and other plants
  that the department determines can sustain healthy growth in that
  climate with minimal irrigation.
         (d)  The department may adopt rules as necessary to implement
  this section.
         Sec. 46A.003.  IRRIGATION INCENTIVE PROGRAMS. A
  governmental entity or retail public utility that operates a
  landscape incentive program that is wholly or partly funded with
  public money may, except as otherwise provided by other law,
  provide as part of the program monetary incentives for the purchase
  and installation of irrigation or sprinkler controllers that make
  periodic adjustments to irrigation applications based on weather
  conditions, evapotranspiration rates, and soil moisture levels for
  the purpose of conserving water by applying irrigation only in an
  amount necessary to sustain the healthy growth of the irrigated
  plants, such as:
               (1)  evapotranspiration-based controllers;
               (2)  smart irrigation controllers;
               (3)  smart sprinkler controllers; and
               (4)  weather-based irrigation controllers.
         SECTION 2.  This Act takes effect September 1, 2017.