H.B. No. 2781
 
 
 
1-1 
AN ACT
1-2  relating to rainwater harvesting and other water conservation
1-3  initiatives.
1-4         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5         SECTION 1.  Section 447.004(c-1), Government Code, is
1-6  amended to read as follows:
1-7         (c-1)  The procedural standards adopted under this section
1-8  must require that:
1-9               (1)  on-site reclaimed system technologies, including
1-10  rainwater harvesting, condensate collection, or cooling tower blow
1-11  down, or a combination of those system technologies, for potable
1-12  and nonpotable indoor and outdoor water use [and landscape
1-13  watering] be incorporated into the design and construction of:
1-14                     (A)  each new state building with a roof area
1-15  measuring at least 10,000 square feet; and
1-16                     (B)  any other new state building for which the
1-17  incorporation of such systems is feasible; and
1-18               (2)  rainwater harvesting system technology for
1-19  potable and nonpotable indoor and outdoor water use [and landscape
1-20  watering] be incorporated into the design and construction of each
1-21  new state building with a roof area measuring at least 50,000 square
1-22  feet that is located in an area of this state in which the average
1-23  annual rainfall is at least 20 inches.
1-24         SECTION 2.  Section 341.042(b), Health and Safety Code, as
2-1  amended by Chapters 1311 (H.B. 3391) and 1240 (S.B. 1073), Acts of
2-2  the 82nd Legislature, Regular Session, 2011, is reenacted and
2-3  amended to read as follows:
2-4         (b)  The commission by rule shall provide that if a structure
2-5  [is connected to a public water supply system and] has a rainwater
2-6  harvesting system and uses a public water supply for an auxiliary
2-7  water source [for indoor use], the structure must have appropriate
2-8  cross-connection safeguards.
2-9         SECTION 3.  Sections 341.042(b-1) and (b-3), Health and
2-10  Safety Code, as added by Chapter 1240 (S.B. 1073), Acts of the 82nd
2-11  Legislature, Regular Session, 2011, are amended to read as follows:
2-12         (b-1)  A privately owned rainwater harvesting system with a
2-13  capacity of more than 500 gallons that has an auxiliary water supply
2-14  shall have a backflow prevention assembly or an air gap installed at
2-15  the storage facility for the harvested rainwater to ensure physical
2-16  separation between the rainwater harvesting system and the
2-17  auxiliary water supply.  A rainwater harvesting system that meets
2-18  the requirements of this subsection is considered connected to a
2-19  public water supply system only for purposes of compliance with
2-20  minimum water system capacity requirements as determined by
2-21  commission rule. [The commission shall work with the department to
2-22  develop rules regarding the installation and maintenance of
2-23  rainwater harvesting systems that are used for indoor potable
2-24  purposes and connected to a public water supply system.     The rules
2-25  must contain criteria that are sufficient to ensure that:
2-26               [(1)     safe sanitary drinking water standards are met;
2-27  and
3-1               [(2)     harvested rainwater does not come into
3-2  communication with a public water supply system's drinking water at
3-3  a location off of the property on which the rainwater harvesting
3-4  system is located.]
3-5         (b-3)  A person who intends to use [connect a rainwater
3-6  harvesting system to] a public water supply system as an auxiliary
3-7  water source [for use for potable purposes] must give written
3-8  notice of that intention to the municipality in which the rainwater
3-9  harvesting system is located or the owner or operator of the public
3-10  water supply system [before connecting the rainwater harvesting
3-11  system to the public water supply system].  The public water supply
3-12  system used as an auxiliary water source may be connected only to
3-13  the water storage tank and may not be connected to the plumbing of a
3-14  structure.
3-15         SECTION 4.  Section 341.042(b-3), Health and Safety Code, as
3-16  added by Chapter 1311 (H.B. 3391), Acts of the 82nd Legislature,
3-17  Regular Session, 2011, is redesignated as Section 341.042(b-5),
3-18  Health and Safety Code, and amended to read as follows:
3-19         (b-5) [(b-3)]  A municipality or the owner or operator of a
3-20  public water supply system may not be held liable for any adverse
3-21  health effects allegedly caused by the consumption of water
3-22  collected by a rainwater harvesting system that uses [is connected
3-23  to] a public water supply system or an auxiliary water source and is
3-24  used for potable purposes if the municipality or the public water
3-25  supply system is in compliance with the sanitary standards for
3-26  drinking water adopted by the commission and applicable to the
3-27  municipality or public water supply system.
4-1         SECTION 5.  Section 580.004(b), Local Government Code, is
4-2  amended to read as follows:
4-3         (b)  The Texas Water Development Board shall ensure that
4-4  training on rainwater harvesting is available for the members of
4-5  the permitting staffs of municipalities and counties at least
4-6  quarterly.  Each member of the permitting staff of each county and
4-7  municipality located wholly or partly in an area designated by the
4-8  Texas Commission on Environmental Quality as a priority groundwater
4-9  management area under Section 35.008, Water Code, whose work
4-10  relates directly to permits involving rainwater harvesting and each
4-11  member of the permitting staff of each county and municipality with
4-12  a population of more than 10,000 [100,000] whose work relates
4-13  directly to permits involving rainwater harvesting must receive
4-14  appropriate training regarding rainwater harvesting standards and
4-15  their relation to permitting at least once every five
4-16  years.  Members of the permitting staffs of counties and
4-17  municipalities not located wholly or partly in an area designated
4-18  by the Texas Commission on Environmental Quality as a priority
4-19  groundwater management area under Section 35.008, Water Code, whose
4-20  work relates directly to permits involving rainwater harvesting and
4-21  members of the permitting staffs of counties and municipalities
4-22  with a population of 10,000 [100,000] or less whose work relates
4-23  directly to permits involving rainwater harvesting are encouraged
4-24  to receive the training.  The Texas Water Development Board may
4-25  provide appropriate training by seminars or by videotape or
4-26  functionally similar and widely available media without cost.
4-27         SECTION 6.  Section 5.008(b), Property Code, is amended to
5-1  read as follows:
5-2         (b)  The notice must be executed and must, at a minimum, read
5-3  substantially similar to the following:
5-4  SELLER'S DISCLOSURE NOTICE
5-5  CONCERNING THE PROPERTY AT ___________________________________
5-6                            (Street Address and City)
 
5-8  THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
5-9  THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
5-10  SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
5-11  WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
5-12  A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
5-13  Seller __ is __ is not occupying the Property.
5-14  If unoccupied, how long since Seller has occupied the Property?
5-15  ________________________________________________________________
5-16  1.  The Property has the items checked below:
5-17  Write Yes (Y), No (N), or Unknown (U).
5-18 
5-19 
__ Range __ Oven __ Microwave
5-20 
__ Dishwasher __ Trash Compactor __ Disposal
5-21 
__ Washer/Dryer __ Window __ Rain Gutters
5-22 
   Hookups    Screens
5-23 
__ Security __ Fire Detection __ Intercom
5-24 
   System    Equipment    System
5-25 
__ Smoke Detector
5-26 
__ Smoke Detector -
5-27 
   Hearing Impaired
5-28 
__ Carbon Monoxide
5-29 
   Alarm
5-30 
__ Emergency Escape
5-31 
   Ladder(s)
5-32 
__ TV Antenna __ Cable TV __ Satellite
5-33 
   Wiring    Dish
5-34 
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5-35 
   Fan(s)
5-36 
__ Central A/C __ Central Heating __ Wall/Window
5-37 
   Air
5-38 
   Conditioning
5-39 
__ Plumbing System __ Septic System __ Public Sewer
5-40 
   System
5-41 
__ Patio/Decking __ Outdoor Grill __ Fences
5-42 
__ Pool __ Sauna __ Spa
5-43 
__ Hot Tub
5-44 
__ Pool Equipment __ Pool Heater __ Automatic Lawn
6-1 
   Sprinkler
6-2 
   System
6-3 
__ Fireplace(s) & __ Fireplace(s) &
6-4 
   Chimney    Chimney
6-5 
   (Woodburning)    (Mock)
6-6 
__ Natural Gas Lines __ Gas Fixtures
6-7 
__ Liquid Propane Gas: __ LP Community __ LP on Property
6-8 
   (Captive)
6-9 
Garage: __ Attached __ Not Attached __ Carport
6-10 
Garage Door Opener(s): __ Electronic __ Control(s)
6-11 
Water Heater: __ Gas __ Electric
6-12 
Water Supply: __ City __ Well __ MUD __ Co-op
6-13  Roof Type:  ________________________________ Age:  _____(approx)
6-14  Are you (Seller) aware of any of the above items that are not in
6-15  working condition, that have known defects, or that are in need of
6-16  repair?  __ Yes  __ No  __ Unknown.
6-17  If yes, then describe.  (Attach additional sheets if necessary):
6-18  ________________________________________________________________
6-19  ________________________________________________________________
6-20  2.  Does the property have working smoke detectors installed in
6-21  accordance with the smoke detector requirements of Chapter 766,
6-22  Health and Safety Code?*  __ Yes  __ No  __ Unknown.
6-23  If the answer to the question above is no or unknown,
6-24  explain.  (Attach additional sheets if necessary):______________
6-25  ________________________________________________________________
6-26  ________________________________________________________________
6-27         *Chapter 766 of the Health and Safety Code requires
6-28  one-family or two-family dwellings to have working smoke detectors
6-29  installed in accordance with the requirements of the building code
6-30  in effect in the area in which the dwelling is located, including
6-31  performance, location, and power source requirements.  If you do
6-32  not know the building code requirements in effect in your area, you
6-33  may check unknown above or contact your local building official for
7-1  more information.  A buyer may require a seller to install smoke
7-2  detectors for the hearing impaired if:  (1) the buyer or a member of
7-3  the buyer's family who will reside in the dwelling is hearing
7-4  impaired; (2) the buyer gives the seller written evidence of the
7-5  hearing impairment from a licensed physician; and (3) within 10
7-6  days after the effective date, the buyer makes a written request for
7-7  the seller to install smoke detectors for the hearing impaired and
7-8  specifies the locations for installation.  The parties may agree
7-9  who will bear the cost of installing the smoke detectors and which
7-10  brand of smoke detectors to install.
7-11  3.  Are you (Seller) aware of any known defects/malfunctions in any
7-12  of the following?
7-13  Write Yes (Y) if you are aware, write No (N) if you are not aware.
7-14 
7-15 
__ Interior Walls __ Ceilings __ Floors
7-16 
__ Exterior Walls __ Doors __ Windows
7-17 
__ Roof __ Foundation/ __ Basement
7-18 
   Slab(s)
7-19 
__ Walls/Fences __ Driveways __ Sidewalks
7-20 
__ Plumbing/Sewers/ __ Electrical __ Lighting
7-21 
   Septics    Systems    Fixtures
7-22  __ Other Structural Components (Describe):_______________________
7-23  ________________________________________________________________
7-24  ________________________________________________________________
7-25  If the answer to any of the above is yes, explain.  (Attach
7-26  additional sheets if necessary):________________________________
7-27  ________________________________________________________________
7-28  ________________________________________________________________
7-29  4.  Are you (Seller) aware of any of the following conditions?
7-30  Write Yes (Y) if you are aware, write No (N) if you are not aware.
7-31 
7-32 
__ Active Termites __ Previous Structural
8-1 
   (includes    or Roof Repair
8-2 
   wood-destroying insects)
8-3 
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
8-4 
   Needing Repair    
8-5 
__ Previous Termite Damage __ Asbestos Components
8-6 
__ Previous Termite __ Urea formaldehyde
8-7 
   Treatment    Insulation
8-8 
__ Previous Flooding __ Radon Gas
8-9 
__ Improper Drainage __ Lead Based Paint
8-10 
__ Water Penetration __ Aluminum Wiring
8-11 
__ Located in 100-Year __ Previous Fires
8-12 
   Floodplain
8-13 
__ Present Flood Insurance __ Unplatted Easements
8-14 
   Coverage
8-15 
__ Landfill, Settling, Soil __ Subsurface
8-16 
   Movement, Fault Lines    Structure or Pits
8-17 
__ Single Blockable Main __ Previous Use of Premises
8-18 
   Drain in Pool/Hot    for Manufacture of
8-19 
   Tub/Spa*    Methamphetamine
8-20  If the answer to any of the above is yes, explain.  (Attach
8-21  additional sheets if necessary):________________________________
8-22  ________________________________________________________________
8-23  ________________________________________________________________
8-24         *A single blockable main drain may cause a suction entrapment
8-25  hazard for an individual.
8-26  5.  Are you (Seller) aware of any item, equipment, or system in or
8-27  on the property that is in need of repair?  __ Yes (if you are
8-28  aware)  __ No (if you are not aware).  If yes, explain (attach
8-29  additional sheets as necessary)._________________________________
8-30  6.  Are you (Seller) aware of any of the following?
8-31  Write Yes (Y) if you aware, write No (N) if you are not aware.
8-32 
8-33 
__ 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.
8-34 
__ Homeowners' Association or maintenance fees or assessments.
8-35 
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
8-36 
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
9-1 
__ Any lawsuits directly or indirectly affecting the Property.
9-2 
__ Any condition on the Property which materially affects the physical health or safety of an individual.
9-3 
__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [connected to the property's public water supply that is able to be used for indoor potable purposes].
9-4  If the answer to any of the above is yes, explain.  (Attach
9-5  additional sheets if necessary):  ______________________________
9-6  ________________________________________________________________
9-7  ________________________________________________________________
9-8  7.  If the property is located in a coastal area that is seaward of
9-9  the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
9-10  tide bordering the Gulf of Mexico, the property may be subject to
9-11  the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
9-12  Natural Resources Code, respectively) and a beachfront
9-13  construction certificate or dune protection permit may be required
9-14  for repairs or improvements.  Contact the local government with
9-15  ordinance authority over construction adjacent to public beaches
9-16  for more information.
9-17  _______________________________________________________
9-18  Date                     Signature of Seller
9-19  The undersigned purchaser hereby acknowledges receipt of the
9-20  foregoing notice.
9-21  _______________________________________________________
9-22  Date                     Signature of Purchaser
9-23         SECTION 7.  Not later than January 1, 2014, the Texas
9-24  Commission on Environmental Quality shall adopt rules to implement
9-25  Section 341.042, Health and Safety Code, as amended by this Act.
9-26         SECTION 8.  Sections 341.042(b-1) and (b-2), Health and
9-27  Safety Code, as added by Chapter 1311 (H.B. 3391), Acts of the 82nd
10-1  Legislature, Regular Session, 2011, are repealed.
10-2         SECTION 9.  Section 5.008(b), Property Code, as amended by
10-3  this Act, applies only to a transfer of property that occurs on or
10-4  after the effective date of this Act. A transfer of property that
10-5  occurs before the effective date of this Act is governed by the law
10-6  applicable to the transfer immediately before that date, and the
10-7  former law is continued in effect for that purpose. For the
10-8  purposes of this section, a transfer of property occurs before the
10-9  effective date of this Act if the contract binding the purchaser to
10-10  purchase the property is executed before that date.
10-11         SECTION 10.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2781 was passed by the House on May 8,
  2013, by the following vote:  Yeas 137, Nays 10, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2781 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 29, Nays 2.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor