Water Code
CHAPTER 34. IRRIGATORS
Sec. 34.001. Definitions.
In this chapter:
(1) "Person" means a natural person.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "Council" means the Texas irrigators advisory council.
(4) "Executive director" means the executive director of the
Texas Natural Resource Conservation Commission or the executive
director's designee.
(5) "Irrigation system" means an assembly of component parts
permanently installed for the controlled distribution and
conservation of water for the purpose of irrigating any type of
landscape vegetation in any location or for the purpose of dust
reduction or erosion control.
(6) "Irrigator" means a person who sells, designs, consults,
installs, maintains, alters, repairs, or services an irrigation
system including the connection of such system in and to a
private or public, raw or potable water supply system or any
water supply. The term does not include:
(A) a person who assists in the installation,
maintenance, alteration, repair, or service of an irrigation
system under the direct supervision of a licensed irrigator;
or
(B) an owner of a business that regularly employs a
licensed irrigator who directly supervises the business's
sale, design, consultation, installation, maintenance,
alteration, repair, and service of irrigation systems.
(7) "Licensed irrigator" means an irrigator who has
prequalified and is licensed under this chapter.
(8) "Installer" means a person who actually connects an
irrigation system to a private or public, raw or potable water
supply system or any water supply.
(9) "Licensed installer" means an installer who has
prequalified and is licensed under this chapter.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.304, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec.
1, eff. Sept. 1, 1995.
Sec. 34.002. Exemptions.
(a) The licensure requirements of this chapter do not apply to:
(1) any person licensed by the Texas State Board of Plumbing
Examiners;
(2) a registered professional engineer or architect or
landscape architect if his or her acts are incidental to the
pursuit of his or her profession;
(3) irrigation or yard sprinkler work done by a property
owner in a building or on premises owned or occupied by him or
her as his or her home;
(4) irrigation or yard sprinkler repair work, other than
extension of an existing irrigation or yard sprinkler system or
installation of a replacement system, done by a maintenance
person incidental to and on premises owned by the business in
which he or she is regularly employed or engaged and who does
not engage in the occupation of licensed irrigator or in yard
sprinkler construction or maintenance for the general public;
(5) irrigation or yard sprinkler work done on the premises
or equipment of a railroad by a regular employee of the
railroad who does not engage in the occupation of licensed
irrigator or in yard sprinkler construction or maintenance for
the general public;
(6) irrigation and yard sprinkler work done by a person who
is regularly employed by a county, city, town, special
district, or political subdivision of the state on public
property;
(7) a garden hose, hose sprinkler, hose-end product, soaker
hose, or agricultural irrigation system;
(8) a portable or solid set or other type of commercial
agricultural irrigation system;
(9) irrigation or yard sprinkler work done by an
agriculturist, agronomist, horticulturist, forester, gardener,
contract gardener, garden or lawn caretaker, nurseryman, or
grader or cultivator of land on land owned by himself or
herself; or
(10) irrigation or yard sprinkler work done by a member of a
property owners' association as defined by Section 202.001,
Property Code, on real property owned by the association or in
common by the members of the association if the irrigation or
yard sprinkler system waters real property that:
(A) is less than one-half acre in size; and
(B) is used for:
(i) aesthetic purposes; or
(ii) recreational purposes.
(b) A person who is exempt from the licensure requirements of
this chapter shall comply with the standards established by this
chapter and the rules adopted under this chapter. Irrigation
system does not include a system used on or by an agricultural
operation as defined in Section 251.002, Agriculture Code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 687, Sec. 1,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1348, Sec. 1, eff.
June 20, 1997.
Sec. 34.003. Irrigators Advisory Council.
(a) The Texas irrigators advisory council is composed of nine
members appointed by the commission. Appointments to the council
shall be made without regard to the race, creed, sex, religion,
or national origin of the appointees.
(b) Six members of the council shall be licensed irrigators who
are residents of this state, experienced in the irrigation
business, and conversant in irrigation methods and techniques.
(c) Three members must be representatives of the public. A
person is not eligible for appointment as a public member if the
person or the person's spouse:
(1) is licensed by an occupational regulatory agency in the
field of irrigation; or
(2) is employed by, participates in the management of, or
has, other than as a consumer, a financial interest in a
business entity or other organization related to the field of
irrigation.
(d) A council member or an employee of the commission connected
with the administration of this chapter may not be an officer,
employee, or paid consultant of a trade association in the
irrigation industry and may not be related within the second
degree by affinity or consanguinity to a person who is an
officer, employee, or paid consultant of a trade association in
the irrigation industry.
(e) A person who, because of the person's activities on behalf
of a trade or professional association in the irrigation
industry, is required to register as a lobbyist under Chapter
305, Government Code, may not serve as a member of the council.
(f) It is a ground for removal from the council if a member:
(1) does not have at the time of appointment the
qualifications required by Subsection (b) or (c) of this
section for appointment to the council;
(2) does not maintain during service on the council the
qualifications required by Subsection (b) or (c) of this
section for appointment to the council;
(3) violates a prohibition prescribed by Subsection (d) or
(e) of this section; or
(4) fails to attend at least one-half of the regularly
scheduled meetings held each year, excluding meetings held when
the person was not a council member.
(g) The members of the council serve six-year terms, with the
terms of two members expiring February 1 of each odd-numbered
year.
(h) A member of the council is entitled to a per diem as set by
legislative appropriation for each day that the member engages in
the business of the council. A member is entitled to
reimbursement for travel expenses, including expenses for meals
and lodging, as provided for in the General Appropriations Act.
(i) The council shall hold meetings at the call of the
chairman. Meetings shall be conducted in compliance with Chapter
551, Government Code.
(j) A majority of the council constitutes a quorum for
conducting business.
(k) The council shall elect a chairman by a majority vote at
the first meeting each fiscal year.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Secs.
5.95(82), 11.305, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch.
687, Sec. 2, eff. Sept. 1, 1995.
Sec. 34.004. Employees.
(a) The executive director shall designate a supervisor and
employ sufficient staff with the advice of the advisory council
to perform the duties and functions provided by this chapter.
(b) The executive director shall provide necessary services to
assist the commission in conducting investigations and
examinations, holding hearings, and performing other duties and
functions under this chapter.
(c) The commission shall hear all contested cases as defined in
Chapter 2001, Government Code, arising under this chapter. The
commission is subject to Chapters 551 and 2001, Government Code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Secs.
5.95(49), (82), 11.306, eff. Sept. 1, 1995; Acts 1995, 74th Leg.,
ch. 687, Sec. 3, eff. Sept. 1, 1995.
Sec. 34.005. Commission Finances.
(a) Money paid to the commission under this chapter shall be
deposited to the credit of an account in the general revenue fund
known as the commission occupational licensing account.
(b) Revenues collected under this chapter shall be used to pay
only expenses approved by the commission that are incurred in the
administration and enforcement of this chapter.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.307, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec.
4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1048, Sec. 1,
eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 32, eff.
Sept. 1, 1997.
Sec. 34.006. Rules.
(a) The commission shall adopt only those rules consistent with
this chapter to govern the conduct of its business and
proceedings authorized under this chapter and shall adopt
standards governing connections to public or private water
supplies by a licensed irrigator or a licensed installer. The
commission may adopt standards for landscape irrigation that
include water conservation, irrigation system design and
installation, and conformance with municipal codes by a licensed
irrigator or a licensed installer. The commission may not adopt
any standard or rule that requires or prohibits the use of any
irrigation system, component part, or equipment of any particular
brand or manufacturer.
(b) The commission does not have authority to amend or enlarge
by rule on any provision of this chapter, to change the meaning
of this chapter by rule in any manner, to adopt a rule that is
contrary to the underlying and fundamental purposes of this
chapter, or to make a rule that is unreasonable, arbitrary,
capricious, illegal, or unnecessary.
(c) The commission may not adopt rules restricting competitive
bidding or advertising by a person regulated by the commission
except to prohibit false, misleading, or deceptive practices by
the person.
(d) The commission may not include in its rules to prohibit
false, misleading, or deceptive practices by a person regulated
by the commission a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by
the person; or
(4) restricts the person's advertisement under a trade name.
(e) The commission shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commission and to speak on any issue under the jurisdiction
of the commission.
(f) The commission shall prepare and maintain a written plan
that describes how a person who does not speak English or who has
a physical, mental, or developmental disability may be provided
reasonable access to the commission's programs.
(g) The commission shall prepare information of public interest
describing the functions of the commission and the commission's
procedures by which complaints are filed with and resolved by the
commission. The commission shall make the information available
to the public and appropriate state agencies.
(h) The commission by rule shall establish methods by which
consumers and service recipients are notified of the name,
mailing address, and telephone number of the commission for the
purpose of directing complaints to the commission. The
commission may provide for that notification:
(1) on each registration form, application, or written
contract for services of an individual regulated under this
chapter;
(2) on a sign prominently displayed in the place of business
of each individual regulated under this chapter; or
(3) in a bill for service provided by an individual
regulated under this chapter.
(i) The commission shall establish criteria for accreditation
of training courses and continuing education programs for
licensed landscape irrigators and installers.
(j) The commission shall establish criteria for accreditation
and approval of instructors and establish standards for
instructional course studies designed to prepare applicants for
an examination administered by the commission. Certification
will be voluntary and based on compliance of the instructor with
the standards of the commission. The commission may provide a
list containing the names of all commission certified
instructors.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.307, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec.
4, eff. Sept. 1, 1995.
Sec. 34.007. Registration Requirement.
(a) No person may act as a licensed irrigator or installer
unless he or she has a valid certificate of registration under
this chapter.
(b) The commission shall issue certificates of registration to
persons who have prequalified to act as licensed irrigators or
licensed installers by passing a uniform, reasonable examination
which will include the principles of cross connections and safety
devices to prevent contamination of potable water supplies.
(c) The commission shall provide in its rules for the
preparation, administration, and grading of examinations to
acquire certificates of registration under this chapter. The fee
for taking the examination shall be set by the commission not to
exceed $200 for the irrigator certificate of registration and not
to exceed $150 for the installer certificate of registration.
(d) A person holding a certificate of registration under this
chapter shall not be required to comply with any other licensing
requirements of other state agencies to perform any function
within the scope of the certificate issued under this chapter.
(e) Not later than the 45th day after the day on which a person
completes an examination administered by the commission, the
commission shall send to the person his or her examination
results. If requested in writing by a person who fails the
examination, the commission shall send to the person not later
than the 60th day after the day on which the written request is
received by the commission an analysis of the person's
performance on the examination.
(f) The commission shall adopt rules establishing classes of
certificates and fees.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.308, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec.
4, eff. Sept. 1, 1995.
Sec. 34.008. Reciprocity.
(a) The commission may certify for registration without
examination an applicant who is registered as a licensed
irrigator or licensed installer in another state or country that
has requirements for registration that are at least substantially
equivalent to the requirements of this state and that extends the
same privilege of reciprocity to licensed irrigators or licensed
installers registered in this state.
(b) The application for registration under this section shall
be accompanied by a fee of not to exceed $200 for a licensed
irrigator or $150 for a licensed installer as determined by the
commission.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.309, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec.
4, eff. Sept. 1, 1995.
Sec. 34.009. Renewal.
(a) Certificates of registration expire on August 31 of each
year.
(b) Not later than the 30th day before the date on which a
person's certificate of registration expires, the commission
shall send a written notice of the impending expiration to the
person at the person's last known address as shown on the records
of the commission.
(c) A person may renew an unexpired certificate of registration
by paying to the commission the required renewal fee.
(d) If a person's certificate of registration has been expired
for 90 days or less, the person may renew the certificate by
paying to the commission the required renewal fee and a penalty
fee that is equal to one-half of the examination fee.
(e) If a person's certificate of registration has been expired
for longer than 90 days, the person may not renew the
certificate. The person may obtain a new certificate of
registration by submitting to reexamination and complying with
the requirements and procedures for obtaining an original
certificate of registration.
(f) The commission by rule may adopt a system under which
certificates of registration expire on various dates during the
year. For the year in which the expiration date is changed,
renewal fees payable on August 31 shall be prorated on a monthly
basis so that each registrant will pay only that portion of the
registration fee that is allocable to the number of months during
which the registration is valid. On renewal of the registration
on the new expiration date, the total renewal fee is due.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.310, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 687, Sec.
5, eff. Sept. 1, 1995.
Sec. 34.015. Certification of Certain Persons.
A person who held a license as a landscape architect under
Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
(Article 249c, Vernon's Texas Civil Statutes), on August 27,
1979, is entitled to be certified as a licensed irrigator without
meeting the requirements of Section 34.007 of this code; however,
persons seeking to become licensed installers must comply with
Section 34.007 of this code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.073, eff.
Sept. 1, 199