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 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, forpotable
 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 SenateSpeaker 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       
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