H.B. No. 3391
 
 
 
 
AN ACT
  relating to rainwater harvesting and other water conservation
  initiatives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 59, Finance Code, is
  amended by adding Section 59.012 to read as follows:
         Sec. 59.012.  LOANS FOR DEVELOPMENTS THAT USE HARVESTED
  RAINWATER. Financial institutions may consider making loans for
  developments that will use harvested rainwater as the sole source
  of water supply.
         SECTION 2.  Section 447.004, Government Code, is amended by
  amending Subsection (c-1) and adding Subsection (c-3) to read as
  follows:
         (c-1)  The procedural standards adopted under this section
  must require that:
               (1)  on-site reclaimed system technologies, including
  rainwater harvesting, condensate collection, or cooling tower blow
  down, or a combination of those system technologies, for potable
  and nonpotable indoor use and landscape watering be incorporated
  into the design and construction of:
                     (A) [(1)]  each new state building with a roof
  measuring at least 10,000 square feet; and
                     (B) [(2)]  any other new state building for which
  the incorporation of such systems is feasible; and
               (2)  rainwater harvesting system technology for
  potable and nonpotable indoor use and landscape watering be
  incorporated into the design and construction of each new state
  building with a roof measuring at least 50,000 square feet that is
  located in an area of this state in which the average annual
  rainfall is at least 20 inches.
         (c-3)  The procedural standards required by Subsection
  (c-1)(2) apply to a building described by that subdivision unless
  Subsection (c-2) applies or the state agency or institution of
  higher education constructing the building provides the state
  energy conservation office evidence that the amount of rainwater
  that will be harvested from one or more existing buildings at the
  same location is equivalent to the amount of rainwater that could
  have been harvested from the new building had rainwater harvesting
  system technology been incorporated into its design and
  construction.
         SECTION 3.  Section 341.042, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsections (b-1),
  (b-2), and (b-3) to read as follows:
         (b)  The commission by rule shall provide that if a structure
  is connected to a public water supply system and has a rainwater
  harvesting system, [for indoor use:
               [(1)]  the structure must have appropriate
  cross-connection safeguards[; and
               [(2)     the rainwater harvesting system may be used only
  for nonpotable indoor purposes].
         (b-1)  The commission shall develop rules regarding the
  installation and maintenance of rainwater harvesting systems that
  are used for indoor potable purposes and connected to a public water
  supply system. The rules must contain criteria that are sufficient
  to ensure that:
               (1)  safe sanitary drinking water standards are met;
  and
               (2)  harvested rainwater does not come into
  communication with a public water supply system's drinking water at
  a location off of the property on which the rainwater harvesting
  system is located.
         (b-2)  A person who intends to connect a rainwater harvesting
  system to a public water supply system for use for potable purposes
  must receive the consent of the municipality in which the rainwater
  harvesting system is located or the owner or operator of the public
  water supply system before connecting the rainwater harvesting
  system to the public water supply system.
         (b-3)  A municipality or the owner or operator of a public
  water supply system may not be held liable for any adverse health
  effects allegedly caused by the consumption of water collected by a
  rainwater harvesting system that is connected to a public water
  supply system and is used for potable purposes if the municipality
  or the public water supply system is in compliance with the sanitary
  standards for drinking water adopted by the commission and
  applicable to the municipality or public water supply system.
         SECTION 4.  Chapter 580, Local Government Code, is amended
  by adding Section 580.004 to read as follows:
         Sec. 580.004.  RAINWATER HARVESTING. (a)  Each municipality
  and county is encouraged to promote rainwater harvesting at
  residential, commercial, and industrial facilities through
  incentives such as the provision at a discount of rain barrels or
  rebates for water storage facilities.
         (b)  The Texas Water Development Board shall ensure that
  training on rainwater harvesting is available for the members of
  the permitting staffs of municipalities and counties at least
  quarterly. Each member of the permitting staff of each county and
  municipality located wholly or partly in an area designated by the
  Texas Commission on Environmental Quality as a priority groundwater
  management area under Section 35.008, Water Code, whose work
  relates directly to permits involving rainwater harvesting and each
  member of the permitting staff of each county and municipality with
  a population of more than 100,000 whose work relates directly to
  permits involving rainwater harvesting must receive appropriate
  training regarding rainwater harvesting standards and their
  relation to permitting at least once every five years. Members of
  the permitting staffs of counties and municipalities not located
  wholly or partly in an area designated by the Texas Commission on
  Environmental Quality as a priority groundwater management area
  under Section 35.008, Water Code, whose work relates directly to
  permits involving rainwater harvesting and members of the
  permitting staffs of counties and municipalities with a population
  of 100,000 or less whose work relates directly to permits involving
  rainwater harvesting are encouraged to receive the training. The
  Texas Water Development Board may provide appropriate training by
  seminars or by videotape or functionally similar and widely
  available media without cost.
         (c)  A municipality or county may not deny a building permit
  solely because the facility will implement rainwater harvesting.
  However, a municipality or county may require that a rainwater
  harvesting system comply with the minimum state standards
  established for such a system.
         (d)  Each school district is encouraged to implement
  rainwater harvesting at facilities of the district.
         SECTION 5.  Section 5.008(b), Property Code, is amended to
  read as follows:
         (b)  The notice must be executed and must, at a minimum, read
  substantially similar to the following:
  SELLER'S DISCLOSURE NOTICE
  CONCERNING THE PROPERTY AT ___________________________________
                            (Street Address and City)
 
  THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
  THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
  SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
  WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
  A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
  Seller __ is __ is not occupying the Property.
  If unoccupied, how long since Seller has occupied the Property?
  ________________________________________________________________
  1.  The Property has the items checked below:
  Write Yes (Y), No (N), or Unknown (U).
 
__ Range __ Oven __ Microwave
 
__ Dishwasher __ Trash Compactor __ Disposal
 
__ Washer/Dryer __ Window __ Rain Gutters
 
   Hookups    Screens
 
__ Security __ Fire Detection __ Intercom
 
   System    Equipment    System
 
  __ Smoke Detector  
 
  __ Smoke Detector -  
 
     Hearing Impaired  
 
  __ Carbon Monoxide  
 
     Alarm  
 
  __ Emergency Escape  
 
     Ladder(s)  
 
__ TV Antenna __ Cable TV __ Satellite
 
   Wiring    Dish
 
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
 
   Fan(s)
 
__ Central A/C __ Central Heating __ Wall/Window
 
   Air
 
   Conditioning
 
__ Plumbing System __ Septic System __ Public Sewer
 
   System
 
__ Patio/Decking __ Outdoor Grill __ Fences
 
__ Pool __ Sauna __ Spa
 
__ Hot Tub
 
__ Pool Equipment __ Pool Heater __ Automatic Lawn
 
   Sprinkler
 
   System
 
__ Fireplace(s) & __ Fireplace(s) &
 
   Chimney    Chimney
 
   (Woodburning)    (Mock)
 
__ Gas Lines __ Gas Fixtures
 
   (Nat./LP)
 
Garage: __ Attached __ Not Attached __ Carport
 
Garage Door Opener(s): __ Electronic __ Control(s)
 
Water Heater: __ Gas __ Electric
 
Water Supply: __ City __ Well __ MUD __ Co-op
  Roof Type: ________________________________Age: _____(approx)
  Are you (Seller) aware of any of the above items that are not in
  working condition, that have known defects, or that are in need of
  repair?  __ Yes  __ No  __ Unknown.
  If yes, then describe.  (Attach additional sheets if necessary):
  ________________________________________________________________
  ________________________________________________________________
  2.  Does the property have working smoke detectors installed in
  accordance with the smoke detector requirements of Chapter 766,
  Health and Safety Code?*  __ Yes  __ No  __ Unknown.
  If the answer to the question above is no or unknown,
  explain.  (Attach additional sheets if necessary):
  ________________________________________________________________
  ________________________________________________________________
        *Chapter 766 of the Health and Safety Code requires
  one-family or two-family dwellings to have working smoke detectors
  installed in accordance with the requirements of the building code
  in effect in the area in which the dwelling is located, including
  performance, location, and power source requirements. If you do
  not know the building code requirements in effect in your area, you
  may check unknown above or contact your local building official for
  more information. A buyer may require a seller to install smoke
  detectors for the hearing impaired if: (1) the buyer or a member of
  the buyer's family who will reside in the dwelling is hearing
  impaired; (2) the buyer gives the seller written evidence of the
  hearing impairment from a licensed physician; and (3) within 10
  days after the effective date, the buyer makes a written request for
  the seller to install smoke detectors for the hearing impaired and
  specifies the locations for installation. The parties may agree who
  will bear the cost of installing the smoke detectors and which brand
  of smoke detectors to install.
  3.  Are you (Seller) aware of any known defect/malfunctions in any
  of the following?
  Write Yes (Y) if you are aware, write No (N) if you are not aware.
 
 
__ Interior Walls __ Ceilings __ Floors
 
__ Exterior Walls __ Doors __ Windows
 
__ Roof __ Foundation/ __ Basement
 
   Slab(s)
 
__ Walls/Fences __ Driveways __ Sidewalks
 
__ Plumbing/Sewers/ __ Electrical __ Lighting
 
   Septics    Systems    Fixtures
  __ Other Structural Components (Describe):____________________
  ________________________________________________________________
  ________________________________________________________________
  If the answer to any of the above is yes, explain.  (Attach
  additional sheets if necessary):_____________________________
  ________________________________________________________________
  ________________________________________________________________
  4.  Are you (Seller) aware of any of the following conditions?
  Write Yes (Y) if you are aware, write No (N) if you are not aware.
 
 
__ Active Termites __ Previous Structural
 
   (includes    or Roof Repair
 
   wood-destroying insects)
 
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
 
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
 
   Needing Repair    
 
__ Previous Termite Damage __ Asbestos Components
 
__ Previous Termite __ Urea formaldehyde
 
   Treatment    Insulation
 
__ Previous Flooding __ Radon Gas
 
__ Improper Drainage __ Lead Based Paint
 
__ Water Penetration __ Aluminum Wiring
 
__ Located in 100-Year __ Previous Fires
 
   Floodplain
 
__ Present Flood Insurance __ Unplatted Easements
 
   Coverage
 
__ Landfill, Settling, Soil __ Subsurface
 
   Movement, Fault Lines    Structure or Pits
 
__ Previous   Use  of   Premises  for
 
   Manufacture  of  Methamphetamine
  If the answer to any of the above is yes, explain.  (Attach
  additional sheets if necessary):_____________________________
  ________________________________________________________________
  ________________________________________________________________
  5.  Are you (Seller) aware of any item, equipment, or system in or
  on the property that is in need of repair?  __ Yes (if you are
  aware)  __ No (if you are not aware).  If yes, explain (attach
  additional sheets as necessary)._________________________________
  6.  Are you (Seller) aware of any of the following?
  Write Yes (Y) if you aware, write No (N) if you are not aware.
 
 
__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
 
__ Homeowners' Association or maintenance fees or assessments.
 
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
 
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
 
__ Any lawsuits directly or indirectly affecting the Property.
 
__ Any condition on the Property which materially affects the physical health or safety of an individual.
 
__ Any rainwater harvesting system connected to the property's public water supply that is able to be used for indoor potable purposes.
  If the answer to any of the above is yes, explain.  (Attach
  additional sheets if necessary): _____________________________
  ________________________________________________________________
  ________________________________________________________________
  7.  If the property is located in a coastal area that is seaward of
  the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
  tide bordering the Gulf of Mexico, the property may be subject to
  the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
  Natural Resources Code, respectively) and a beachfront
  construction certificate or dune protection permit may be required
  for repairs or improvements. Contact the local government with
  ordinance authority over construction adjacent to public beaches
  for more information.
  _______________________________________________________
  Date                     Signature of Seller                  
  The undersigned purchaser hereby acknowledges receipt of the
  foregoing notice.
  _______________________________________________________
  Date                     Signature of Purchaser               
         SECTION 6.  Section 202.007(d), Property Code, is amended to
  read as follows:
         (d)  This section does not:
               (1)  restrict a property owners' association from
  regulating the requirements, including size, type, shielding, and
  materials, for or the location of a composting device[, rain
  barrel, rain harvesting device, or any other appurtenance] if the
  restriction does not prohibit the economic installation of the
  device [or appurtenance] on the property owner's property where
  there is reasonably sufficient area to install the device [or
  appurtenance];
               (2)  require a property owners' association to permit a
  device [or appurtenance] described by Subdivision (1) to be
  installed in or on property:
                     (A)  owned by the property owners' association;
                     (B)  owned in common by the members of the
  property owners' association; or
                     (C)  in an area other than the fenced yard or patio
  of a property owner;
               (3)  prohibit a property owners' association from
  regulating the installation of efficient irrigation systems,
  including establishing visibility limitations for aesthetic
  purposes;
               (4)  prohibit a property owners' association from
  regulating the installation or use of gravel, rocks, or cacti; [or]
               (5)  restrict a property owners' association from
  regulating yard and landscape maintenance if the restrictions or
  requirements do not restrict or prohibit turf or landscaping design
  that promotes water conservation;
               (6)  require a property owners' association to permit a
  rain barrel or rainwater harvesting system to be installed in or on
  property if:
                     (A)  the property is:
                           (i)  owned by the property owners'
  association;
                           (ii)  owned in common by the members of the
  property owners' association; or
                           (iii)  located between the front of the
  property owner's home and an adjoining or adjacent street; or
                     (B)  the barrel or system:
                           (i)  is of a color other than a color
  consistent with the color scheme of the property owner's home; or
                           (ii)  displays any language or other content
  that is not typically displayed by such a barrel or system as it is
  manufactured; or
               (7)  restrict a property owners' association from
  regulating the size, type, and shielding of, and the materials used
  in the construction of, a rain barrel, rainwater harvesting device,
  or other appurtenance that is located on the side of a house or at
  any other location that is visible from a street, another lot, or a
  common area if:
                     (A)  the restriction does not prohibit the
  economic installation of the device or appurtenance on the property
  owner's property; and
                     (B)  there is a reasonably sufficient area on the
  property owner's property in which to install the device or
  appurtenance.
         SECTION 7.  Section 1.003, Water Code, is amended to read as
  follows:
         Sec. 1.003.  PUBLIC POLICY.  It is the public policy of the
  state to provide for the conservation and development of the
  state's natural resources, including:
               (1)  the control, storage, preservation, and
  distribution of the state's storm and floodwaters and the waters of
  its rivers and streams for irrigation, power, and other useful
  purposes;
               (2)  the reclamation and irrigation of the state's
  arid, semiarid, and other land needing irrigation;
               (3)  the reclamation and drainage of the state's
  overflowed land and other land needing drainage;
               (4)  the conservation and development of its forest,
  water, and hydroelectric power;
               (5)  the navigation of the state's inland and coastal
  waters;
               (6)  the maintenance of a proper ecological environment
  of the bays and estuaries of Texas and the health of related living
  marine resources; [and]
               (7)  the voluntary stewardship of public and private
  lands to benefit waters of the state; and
               (8)  the promotion of rainwater harvesting for potable
  and nonpotable purposes at public and private facilities in this
  state, including residential, commercial, and industrial
  buildings.
         SECTION 8.  If the 82nd Legislature makes an appropriation
  to the Texas Water Development Board to provide matching grants to
  political subdivisions of this state for rainwater harvesting
  demonstration projects, the board shall, not later than December 1,
  2012, provide a report to the lieutenant governor and the speaker of
  the house of representatives regarding the projects for which the
  board has provided grants, including:
               (1)  a description of each project; and
               (2)  the amount of the grant provided for each project.
         SECTION 9.  Section 5.008(b), Property Code, as amended by
  this Act, applies only to a transfer of property that occurs on or
  after the effective date of this Act. A transfer of property that
  occurs before the effective date of this Act is governed by the law
  applicable to the transfer immediately before that date, and the
  former law is continued in effect for that purpose. For the
  purposes of this section, a transfer of property occurs before the
  effective date of this Act if the contract binding the purchaser to
  purchase the property is executed before that date.
         SECTION 10.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3391 was passed by the House on May 5,
  2011, by the following vote:  Yeas 141, Nays 2, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3391 on May 23, 2011, by the following vote:  Yeas 144, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3391 was passed by the Senate, with
  amendments, on May 20, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor