84R16426 BEF-D
By: Lucio III H.B. No. 3837
Substitute the following for H.B. No. 3837:
By: Bonnen of Brazoria C.S.H.B. No. 3837
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain rainwater
harvesting; providing administrative penalties; authorizing fees;
requiring an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Agriculture Code, is amended by adding
Chapter 202 to read as follows:
CHAPTER 202. RAINWATER HARVESTING
SUBCHAPTER A. POWERS AND DUTIES OF DEPARTMENT
Sec. 202.001. RULES. The department shall adopt rules that
are reasonable and necessary for the performance of the
department's duties under this chapter, including rules to
establish:
(1) licensing and other fees;
(2) license renewal dates;
(3) procedures for disciplinary actions; and
(4) standards for the installation and maintenance of
rainwater harvesting equipment by a license holder.
Sec. 202.002. LICENSING AND REGULATORY DUTIES. The
department shall:
(1) review and approve or reject each application for
the issuance or renewal of a license;
(2) issue each license; and
(3) deny, suspend, or revoke a license or otherwise
discipline a license holder.
SUBCHAPTER B. RAINWATER HARVESTING LICENSE
Sec. 202.051. LICENSE REQUIRED. A person may not install or
maintain or offer to install or maintain, for compensation, a
rainwater harvesting system with a capacity of more than 500
gallons unless the person holds:
(1) a license under this chapter; or
(2) a master plumber or a journeyman plumber license
issued by the Texas State Board of Plumbing Examiners and holds a
water supply protection specialist endorsement issued by the board.
Sec. 202.052. ISSUANCE OF LICENSE. The department shall
issue a license to an applicant who:
(1) meets the eligibility requirements of Section
202.053;
(2) submits an application on a form prescribed by the
department; and
(3) pays the required application fee.
Sec. 202.053. ELIGIBILITY REQUIREMENTS. To be eligible for
a license under this chapter, an applicant must:
(1) successfully complete a rainwater harvesting
training program approved by the department; and
(2) pass an examination administered or approved by
the department.
Sec. 202.054. LICENSE TERM AND RENEWAL. (a) A license
issued under this chapter is valid for three years.
(b) A person who holds a license under this chapter may
renew the license by:
(1) paying the required renewal fee;
(2) submitting the appropriate form; and
(3) meeting any other requirement established by
department rule.
Sec. 202.055. CONTINUING EDUCATION REQUIREMENTS. The
department by rule shall adopt, monitor, and enforce a reporting
program for the continuing education of license holders. The
department shall adopt and administer rules that:
(1) establish the number of hours of continuing
education the department determines appropriate as a prerequisite
to the renewal of a license under this chapter; and
(2) adopt a process to assess a license holder's
participation in continuing education courses.
SUBCHAPTER C. PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 202.101. LICENSE SUSPENSION OR REVOCATION. The
department may suspend or revoke a license if the license holder
violates this chapter or a rule adopted under this chapter.
Sec. 202.102. ADMINISTRATIVE PENALTY. A person who
violates this chapter or a rule or order adopted by the department
under this chapter is subject to an administrative penalty under
Section 12.020, regardless of whether the person holds a license
under this chapter.
SECTION 2. Section 12.020(c), Agriculture Code, is amended
to read as follows:
(c) The provisions of law subject to this section and the
applicable penalty amounts are as follows:
Provision Amount of Penalty Provision Amount of Penalty
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
[and] 134, and 202 not more than $5,000 [and] 134, and 202 not more than $5,000
[and] 134, and 202 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
Chapter 14 not more than $10,000
Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources Chapter 153, Natural Resources
Chapter 153, Natural Resources
Code not more than $5,000. Code not more than $5,000.
Code not more than $5,000.
SECTION 3. Not later than March 1, 2016, the Department of
Agriculture shall adopt rules necessary to implement Chapter 202,
Agriculture Code, as added by this Act.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Section 12.020(c), Agriculture Code, as amended by this
Act, and Sections 202.051 and 202.102, Agriculture Code, as added
by this Act, take effect September 1, 2016.
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
[and] 134, and 202 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources
Code not more than $5,000.