Texas 2009 - 81st Regular

Texas House Bill HB2339 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10769 YDB-D
2	2	By: Miller of Erath H.B. No. 2339
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of licensed irrigators.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1903.053(a), Occupations Code, is
10	10	amended to read as follows:
11	11	(a) The commission shall adopt by rule and enforce standards
12	12	governing:
13	13	(1) the connection of irrigation systems to any water
14	14	supply;
15	15	(2) [the design, installation, and operation of
16	16	irrigation systems;
17	17	[(3)] water conservation; and
18	18	(3) [(4)] the duties and responsibilities of licensed
19	19	irrigators.
20	20	SECTION 2. Subchapter B, Chapter 1903, Occupations Code, is
21	21	amended by adding Section 1903.054 to read as follows:
22	22	Sec. 1903.054. RULES. (a) The commission may adopt rules to
23	23	enforce this chapter.
24	24	(b) The commission may not adopt rules to require a licensed
25	25	irrigator to:
26	26	(1) complete a maintenance checklist on completion of
27	27	an irrigation system;
28	28	(2) include the irrigator's telephone number on any
29	29	permanent sticker the irrigator is required to affix to any part of
30	30	the irrigation system;
31	31	(3) provide a copy of the irrigation plan to the owner
32	32	of the irrigation system or the owner's representative; or
33	33	(4) obtain the signature of the owner of the
34	34	irrigation system or the owner's representative confirming receipt
35	35	of any written warranty covering the installation.
36	36	SECTION 3. Section 1903.151(a), Occupations Code, is
37	37	amended to read as follows:
38	38	(a) The Irrigator Advisory Council consists of nine members
39	39	appointed by the governor [commission] as follows:
40	40	(1) six members who are irrigators, residents of this
41	41	state, experienced in the irrigation business, and familiar with
42	42	irrigation methods and techniques; and
43	43	(2) three public members.
44	44	SECTION 4. Chapter 1903, Occupations Code, is amended by
45	45	adding Subchapter G to read as follows:
46	46	SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
47	47	Sec. 1903.301. ON-SITE SUPERVISION OR IRRIGATION PLAN. A
48	48	licensed irrigator shall:
49	49	(1) provide on-site supervision at all times while a
50	50	landscape irrigation system is being installed; or
51	51	(2) ensure that a copy of the irrigation plan for the
52	52	site is on-site and available to the employees installing the
53	53	landscape irrigation system at all times while the system is being
54	54	installed.
55	55	SECTION 5. (a) Not later than January 1, 2010, the Texas
56	56	Commission on Environmental Quality shall adopt the rules necessary
57	57	to implement the changes in law made by this Act.
58	58	(b) As soon as practicable after the effective date of this
59	59	Act, the governor shall appoint members to the Irrigator Advisory
60	60	Council as required by Section 1903.151, Occupations Code, as
61	61	amended by this Act. A member of the advisory council appointed by
62	62	the Texas Commission on Environmental Quality continues to serve
63	63	until the date the governor appoints new members to the council.
64	64	SECTION 6. This Act takes effect September 1, 2009.