81R10769 YDB-D
By: Miller of Erath H.B. No. 2339
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of licensed irrigators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1903.053(a), Occupations Code, is
amended to read as follows:
(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
(3) [(4)] the duties and responsibilities of licensed
irrigators.
SECTION 2. Subchapter B, Chapter 1903, Occupations Code, is
amended by adding Section 1903.054 to read as follows:
Sec. 1903.054. RULES. (a) The commission may adopt rules to
enforce this chapter.
(b) The commission may not adopt rules to require a licensed
irrigator to:
(1) complete a maintenance checklist on completion of
an irrigation system;
(2) include the irrigator's telephone number on any
permanent sticker the irrigator is required to affix to any part of
the irrigation system;
(3) provide a copy of the irrigation plan to the owner
of the irrigation system or the owner's representative; or
(4) obtain the signature of the owner of the
irrigation system or the owner's representative confirming receipt
of any written warranty covering the installation.
SECTION 3. Section 1903.151(a), Occupations Code, is
amended to read as follows:
(a) The Irrigator Advisory Council consists of nine members
appointed by the governor [commission] as follows:
(1) six members who are irrigators, residents of this
state, experienced in the irrigation business, and familiar with
irrigation methods and techniques; and
(2) three public members.
SECTION 4. Chapter 1903, Occupations Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
Sec. 1903.301. ON-SITE SUPERVISION OR IRRIGATION PLAN. A
licensed irrigator shall:
(1) provide on-site supervision at all times while a
landscape irrigation system is being installed; or
(2) ensure that a copy of the irrigation plan for the
site is on-site and available to the employees installing the
landscape irrigation system at all times while the system is being
installed.
SECTION 5. (a) Not later than January 1, 2010, the Texas
Commission on Environmental Quality shall adopt the rules necessary
to implement the changes in law made by this Act.
(b) As soon as practicable after the effective date of this
Act, the governor shall appoint members to the Irrigator Advisory
Council as required by Section 1903.151, Occupations Code, as
amended by this Act. A member of the advisory council appointed by
the Texas Commission on Environmental Quality continues to serve
until the date the governor appoints new members to the council.
SECTION 6. This Act takes effect September 1, 2009.