Summary of Texas Rainwater Harvesting Laws, Statutes and Regulations

Compiled by Texas Rainfall Catchment

www.CatchTexasRain.com

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


NOTE: The Texas statutes and laws online do not contain changes in the law made during the 82nd legislature. Those changes will be available in 2012. The links below will take you to the current code, not the code updated for changes made during the 82nd legislature. For the text of HB 3391, relating to rainwater harvesting and other water conservation initiatives, please click here.

FINANCE CODE

CHAPTER 59. MISCELLANEOUS PROVISIONS

HB3391, 82nd Legislative Session 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
(Section added by HB3391 – effective September 1, 2011; not yet available online)


PROPERTY CODE

CHAPTER 5. CONVEYANCES

HB3391, 82nd Legislative Session 2011
Adds a line in the seller’s disclosure form for a potable rainwater harvesting system that is connected to a public water supply

Sec. 5.008. SELLER’S DISCLOSURE OF PROPERTY CONDITION

CHAPTER 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS

HB 3391, 82nd Legislative Session, 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, 82nd Legislature,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, 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. 44.901. ENERGY SAVINGS PERFORMANCE CONTRACTS

CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO HIGHER EDUCATION

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. 51.927.  ENERGY SAVINGS PERFORMANCE CONTRACTS

CHAPTER 61. TEXAS HIGHER EDUCATION COORDINATING BOARD

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. 61.0591. INCENTIVE AND SPECIAL INITIATIVE FUNDING


GOVERNMENT CODE

CHAPTER 447. STATE ENERGY CONSERVATION OFFICE

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.

HB3391, 82nd Legislature
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.

Sec. 447.004. DESIGN STANDARDS

CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION

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. 2166.406. ENERGY SAVINGS PERFORMANCE CONTRACTS


HEALTH AND SAFETY CODE

CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES

HB 3391, 2011, 82nd Legislature
Sets up rules whereby potable rainwater systems can be connected to public water supplies

Sec. 341.042. STANDARDS FOR HARVESTED RAINWATER


LOCAL GOVERNMENT CODE 

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, 82nd Legislature,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.

Sec. 580.004. RAINWATER HARVESTING
(Section added by HB3391 – effective September 1, 2011; not yet available online)