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.