|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to the regulation and use of graywater. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
               SECTION 1.  Section 341.039, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by amending Subsections (c) and (e) and adding Subsection  | 
      
      
        | 
           
			 | 
        (c-1) to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The commission may not require a permit for the domestic  | 
      
      
        | 
           
			 | 
        use of less than 400 gallons of graywater each day if the graywater: | 
      
      
        | 
           
			 | 
                     (1)  originates from a private residence; | 
      
      
        | 
           
			 | 
                     (2)  is used at [by the occupants of] that residence for  | 
      
      
        | 
           
			 | 
        gardening, composting, [or] landscaping, or other uses authorized  | 
      
      
        | 
           
			 | 
        by the commission under Subsection (c-1) [at the residence]; | 
      
      
        | 
           
			 | 
                     (3)  is collected using a system that overflows into a  | 
      
      
        | 
           
			 | 
        sewage collection or on-site wastewater treatment and disposal  | 
      
      
        | 
           
			 | 
        system; | 
      
      
        | 
           
			 | 
                     (4)  is stored in 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; | 
      
      
        | 
           
			 | 
                     (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. | 
      
      
        | 
           
			 | 
               (c-1)  The commission by rule may adopt and implement minimum  | 
      
      
        | 
           
			 | 
        standards for additional domestic uses and reuses of graywater.   | 
      
      
        | 
           
			 | 
        Rules adopted under this section: | 
      
      
        | 
           
			 | 
                     (1)  must prevent contamination of the potable water  | 
      
      
        | 
           
			 | 
        supply and protect human health;  | 
      
      
        | 
           
			 | 
                     (2)  may require the use of a backflow prevention  | 
      
      
        | 
           
			 | 
        device; and | 
      
      
        | 
           
			 | 
                     (3)  may provide for the inspection and annual testing  | 
      
      
        | 
           
			 | 
        of a backflow prevention device by the commission.  | 
      
      
        | 
           
			 | 
               (e)  In this section, "graywater": | 
      
      
        | 
           
			 | 
                     (1)  means: | 
      
      
        | 
           
			 | 
                           (A)  wastewater from clothes-washing machines,  | 
      
      
        | 
           
			 | 
        showers, bathtubs, hand-washing lavatories, and sinks that are not  | 
      
      
        | 
           
			 | 
        used for disposal of hazardous or toxic ingredients;  | 
      
      
        | 
           
			 | 
                           (B)  air-conditioner condensate, foundation drain  | 
      
      
        | 
           
			 | 
        water, storm water, cooling tower blowdown, swimming pool backwash  | 
      
      
        | 
           
			 | 
        and drain water, and reverse osmosis reject water; and | 
      
      
        | 
           
			 | 
                           (C)  any other source deemed appropriate by the  | 
      
      
        | 
           
			 | 
        commission; and | 
      
      
        | 
           
			 | 
                     (2)  [.  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, unless the wastewater has been treated in accordance with  | 
      
      
        | 
           
			 | 
        standards set by the commission. | 
      
      
        | 
           
			 | 
               SECTION 2.  Section 26.0311(a), Water Code, is amended 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.] | 
      
      
        | 
           
			 | 
               SECTION 3.  This Act takes effect September 1, 2015. |