By: Howard, et al. (Senate Sponsor - Zaffirini)	H.B. No. 1902
	(In the Senate - Received from the House April 29, 2015;
	May 4, 2015, read first time and referred to Committee on
	Agriculture, Water, and Rural Affairs; May 13, 2015, reported
	adversely, with favorable Committee Substitute by the following
	vote:  Yeas 6, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 1902	By:  Perry

	COMMITTEE VOTE
	YeaNayAbsentPNV
	PerryX
	ZaffiriniX
	CreightonX
	HallX
	HinojosaX
	KolkhorstX
	RodríguezX
	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation and use of graywater and alternative
	onsite water.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 341.039, Health and Safety Code, is
	amended to read as follows:
	Sec. 341.039.  [GRAYWATER] STANDARDS FOR GRAYWATER AND
	ALTERNATIVE ONSITE WATER. (a) The commission by rule shall adopt
	and implement minimum standards for the indoor and outdoor use and
	reuse of treated graywater and alternative onsite water for:
	(1)  irrigation and other agricultural purposes;
	(2)  domestic use, to the extent consistent with
	Subsection (c);
	(3)  commercial purposes; and
	(4)  industrial purposes.
	(a-1)  The standards adopted by the commission under
	Subsection (a)(2) must allow the use of graywater and alternative
	onsite water for toilet and urinal flushing.
	(b)  The standards adopted by the commission under
	Subsection (a) must assure that the use of graywater or alternative
	onsite water is not a nuisance and does not threaten human health or
	damage the quality of surface water and groundwater in this state.
	(b-1)  The commission by rule may adopt and implement rules
	providing for the inspection and annual testing of a graywater or
	alternative onsite water system by the commission.
	(b-2)  The commission shall develop and make available to the
	public a regulatory guidance manual to explain the rules adopted
	under this section.
	(c)  The commission may not require a permit for the domestic
	use of less than 400 gallons of graywater or alternative onsite
	water each day if the water [graywater]:
	(1)  originates from a private residence;
	(2)  is used by the occupants of that residence for
	gardening, composting, [or] landscaping, or indoor use as allowed
	by rule, including toilet or urinal flushing, at the residence;
	(3)  is collected using a system that may be diverted
	[overflows] into a sewage collection or on-site wastewater
	treatment and disposal system;
	(4)  is, if required by rule, stored in surge tanks
	that:
	(A)  are clearly labeled as nonpotable water;
	(B)  restrict access, especially to children; and
	(C)  eliminate habitat for mosquitoes and other
	vectors;
	(5)  uses piping clearly identified as a nonpotable
	water conduit, including identification through the use of purple
	pipe, purple tape, or similar markings;
	(6)  is generated without the formation of ponds or
	pools of graywater or alternative onsite water;
	(7)  does not create runoff across the property lines
	or onto any paved surface; and
	(8)  is distributed by a surface or subsurface system
	that does not spray into the air.
	(d)  Each builder is encouraged to:
	(1)  install plumbing in new housing in a manner that
	provides the capacity to collect graywater or alternative onsite
	water from all allowable sources; and
	(2)  design and install a subsurface graywater or
	alternative onsite water system around the foundation of new
	housing in a way that minimizes foundation movement or cracking.
	(e)  In this section:
	(1)  "Alternative onsite water" means  rainwater,
	air-conditioner condensate, foundation drain water, storm water,
	cooling tower blowdown, swimming pool backwash and drain water,
	reverse osmosis reject water, or any other source of water
	considered appropriate by the commission.
	(2)  "Graywater" [, "graywater"] means wastewater from
	clothes-washing machines, showers, bathtubs, hand-washing
	lavatories, and sinks that are not used for disposal of hazardous or
	toxic ingredients. The term does not include wastewater:
	(A) [(1)]  that has come in contact with toilet
	waste;
	(B) [(2)]  from the washing of material,
	including diapers, soiled with human excreta; or
	(C) [(3)]  from sinks used for food preparation or
	disposal.
	SECTION 2.  Section 366.012(a), Health and Safety Code, is
	amended to read as follows:
	(a)  To assure the effective and efficient administration of
	this chapter, the commission shall:
	(1)  adopt rules governing the installation of on-site
	sewage disposal systems, including rules concerning the:
	(A)  review and approval of on-site sewage
	disposal systems; and
	(B)  temporary waiver of a permit for an emergency
	repair; and
	(2)  adopt rules under this chapter that:
	(A)  encourage the use of economically feasible
	alternative techniques and technologies for on-site sewage
	disposal systems that can be used in soils not suitable for
	conventional on-site sewage disposal;
	(B)  address the separation of graywater, as
	defined by Section 341.039, in a residence served by an on-site
	sewage disposal system; [and]
	(C)  allow for an adjustment in the size required
	of an on-site sewage disposal system if the system is used in
	conjunction with a graywater system that complies with the rules
	adopted under Section 341.039; and
	(D)  require on-site sewage disposal systems,
	including risers and covers, installed after September 1, 2012, to
	be designed to prevent access to the system by anyone other than:
	(i)  the owner of the system; or
	(ii)  a person described by Section
	366.071(a) or (b).
	SECTION 3.  Section 26.0311, Water Code, is amended by
	amending Subsection (a) and adding Subsection (b-1) to read as
	follows:
	(a)  In this section, "graywater" has the meaning provided by
	Section 341.039, Health and Safety Code [means wastewater from
	clothes washing machines, showers, bathtubs, handwashing
	lavatories, and sinks that are not used for disposal of hazardous or
	toxic ingredients. The term does not include wastewater:
	[(1)  that has come in contact with toilet waste;
	[(2)     from the washing of material, including diapers,
	soiled with human excreta; or
	[(3)     from sinks used for food preparation or
	disposal].
	(b-1)  The standards adopted by the commission under
	Subsection (b)(2) must allow the use of graywater for toilet and
	urinal flushing.
	SECTION 4.  The Texas Commission on Environmental Quality
	shall adopt the standards required by Sections 341.039 and 366.012,
	Health and Safety Code, as amended by this Act, and Section 26.0311,
	Water Code, as amended by this Act, not later than January 1, 2017.
	SECTION 5.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
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