Summary of Texas Rainwater Harvesting Laws, Statutes and Regulations

Compiled by Texas Rainfall Catchment

www.CatchTexasRain.com

Contains hyperlinks to statutes Ė click on the section title to view the detailed statute


The 2013 Legislarive Session has just ended. There were two bills passed in this session relating to rainwater harvesting. The wording in these bills will not appear in the statutes until 2014. You can read the text of these bills here.

HB 2062 - amends the Occupations Code to exclude rainwater harvesting systems from the definition of water treatment systems
HB 2781 - clarifies and updates several code changes relating to rainwater harvesting passed in the 2011 session

The bills are also included in the relevant codes and sections below.

FINANCE CODE

CHAPTER 59. MISCELLANEOUS PROVISIONS

HB3391, 2011
Allows financial institutions to consider making loans for developments that will have harvested rainwater as the sole source of water supply.

Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED RAINWATER


PROPERTY CODE

CHAPTER 5. CONVEYANCES

HB3391, 2011
Adds a line in the sellerís disclosure form for a potable rainwater harvesting system that is connected to a public water supply

HB2781, 83rd Legislative Session 2013
Clarifies the line in the sellerís disclosure form for a rainwater harvesting system that is connected to a public water supply

Sec. 5.008. SELLERíS DISCLOSURE OF PROPERTY CONDITION

CHAPTER 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS

HB 3391, 2011
Prohibits a property owner's association from restricting a person from installing a rain barrel or rain harvesting device, with certain exceptions.

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED


TAX CODE

CHAPTER 151. LIMITED SALES, EXCISE, AND USE TAX

SB2, 2001
Exempts rainwater harvesting equipment and related items from sales tax

Sec. 151.355. WATER-RELATED EXEMPTIONS

CHAPTER 11. TAXABLE PROPERTY AND EXEMPTIONS

SB2, 2001
Allows units of government to exempt rainwater harvesting equipment from property tax

Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES


WATER CODE

CHAPTER 1. GENERAL PROVISIONS

HB3391, 2011
Promotes rainwater harvesting demonstration projects

Sec. 1.003 PUBLIC POLICY

CHAPTER 36. GROUNDWATER CONSERVATION DISTRICTS

Texas Water Code 16.053(e)(5)(C) requires regional water planning groups to consider all potentially feasible water management strategies including those that develop new supplies. Water collected through rainwater harvesting could be considered to be a new supply and hence a potential water management strategy.

Sec. 36.1071. MANAGEMENT PLAN


EDUCATION CODE

CHAPTER 44. FISCAL MANAGEMENT

HB9, 2003
Encourages rainwater harvesting at state facilities by allowing them to enter into performance contracts which allow facilities to finance retrofits with money saved by reduced utility expenditures.

Sec. 44.901. ENERGY SAVINGS PERFORMANCE CONTRACTS

CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO HIGHER EDUCATION

HB9, 2003
Encourages rainwater harvesting at state facilities by allowing them to enter into performance contracts which allow facilities to finance retrofits with money saved by reduced utility expenditures.

Sec. 51.927.  ENERGY SAVINGS PERFORMANCE CONTRACTS

CHAPTER 61. TEXAS HIGHER EDUCATION COORDINATING BOARD

HB9, 2003
Encourages rainwater harvesting at state facilities by allowing them to enter into performance contracts which allow facilities to finance retrofits with money saved by reduced utility expenditures.

Sec. 61.0591. INCENTIVE AND SPECIAL INITIATIVE FUNDING


GOVERNMENT CODE

CHAPTER 447. STATE ENERGY CONSERVATION OFFICE

HB9, 2003
Encourages rainwater harvesting at state facilities by allowing them to enter into performance contracts which allow facilities to finance retrofits with money saved by reduced utility expenditures.

HB3391, 2011
Requires new state buildings to incorporate rainwater harvesting technologies in buildings over 50,000 square feet where the average rainfall is at least 20 inches.

HB2781, 2013, 83rd Legislature
Changes the words "landscape watering" to "outdoor water".

Sec. 447.004. DESIGN STANDARDS

CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION

HB9, 2003
Encourages rainwater harvesting at state facilities by allowing them to enter into performance contracts which allow facilities to finance retrofits with money saved by reduced utility expenditures.

Sec. 2166.406. ENERGY SAVINGS PERFORMANCE CONTRACTS


HEALTH AND SAFETY CODE

CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES

HB 3391, 2011
Sets up rules whereby potable rainwater systems can be connected to public water supplies

HB 3391, 2013, 83rd Legislature
Clarifies rules whereby rainwater systems can be connected to public water supplies

Sec. 341.042. STANDARDS FOR HARVESTED RAINWATER


LOCAL GOVERNMENT CODE 

CHAPTER 5. TYPES of MUNICIPALITIES IN GENERAL

CHAPTER 302. ENERGY SAVINGS PERFORMANCE CONTRACTS FOR LOCAL GOVERNMENTS

HB9, 2003, 78th Legislature
Encourages rainwater harvesting at state facilities by allowing them to enter into performance contracts which allow facilities to finance retrofits with money saved by reduced utility expenditures.

Sec. 302.001. DEFINITIONS

Sec. 302.002. ENERGY SAVINGS PERFORMANCE CONTRACTS

Sec. 302.004. METHOD OF FINANCING; TERMS OF CONTRACT

Sec. 302.005. BIDDING PROCEDURES; AWARD OF CONTRACT

Sec. 302.006. METER GUARANTEES 

CHAPTER 580. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND COUNTY WATER

HB3391, 2011
Encourages municipalities and counties to promote rainwater harvesting through incentives such as a discount on rain barrels or rebates for water storage facilities; provides that each municipality or county that has adopted impervious cover or density restrictions consider harvested rainwater as an on-site water supply source when determining credit against or exemption from the restrictions, requires the Texas Water Development Board (TWDB) to make training materials on rainwater harvesting available; and disallows a municipality or county from denying a building permit just because the facility will implement rainwater harvesting; and encourages each school district to implement rainwater harvesting at its facilities.

HB2781, 2013, 83rd Legislature
Changes training requirements for employees dealing with rainwater harvesting systems from municipalities of 100,000 to municipalities of 10,000.

Sec. 580.004. RAINWATER HARVESTING

OCCUPATIONS CODE 

CHAPTER 1301. PLUMBERS

HB2062, 2013, 83rd Legislature
Excludes rainwater harvesting systems from the definition of water treatment systems.

Sec. 1301.002 DEFINITIONS