Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 1. ADMINISTRATION
Part II. Texas Ethics Commission
Chapter 5. Campaign Financing
Subchapter B. Reporting Forms
Candidate/Officeholder Sworn Report of Contributions and Expenditures
1 TAC sec.5.11
The Texas Ethics Commission adopts on an emergency basis new sec.5.11 concerning 
the form for reporting contributions and expenditures by a 
candidate/officeholder.
The Texas Ethics Commission has determined that the emergency adoption of the 
new section is necessary and in the public interest in order to comply with 
Title 15, Texas Election Code, sec. s254.036, 254.063, 254.064, 254.065, 
254.093, and 254.095, as amended by Senate Bill 1 of the 72nd Regular Session of 
the Texas Legislature, effective date January 1, 1992.
The commission finds that an emergency exists in that Title 15, Texas Election 
Code, has been amended effective January 1, 1992. The amendment requires certain 
information to be filed.
The Texas Constitution, Article III, sec.24a, created the Texas Ethics 
Commission and gives the commission such powers and duties as the legislature 
may provide. The legislature has enacted Texas Civil Statutes, Article 6252-
9d.1, effective January 1, 1992, which confers on the commission the power to 
administer and enforce Title 15, Texas Election Code, and the power to prescribe 
forms for reports.
The Texas Ethics Commission adopts the new section on an emergency basis under 
Texas Civil Statutes, Article 6252-9d.1, sec.1.11(b)(9), which confers upon the 
commission the authority to adopt rules.
sec.5.11. Candidate/Officeholder Sworn Report of Contributions and Expenditures. 
The Texas Ethics Commission adopts the Candidate/Officeholder Sworn Report of 
Contributions and Expenditures Form prescribed by the commission on January 13, 
1992, as follows. This form is available from the Texas Ethics Commission, P.O. 
Box 12070, Austin, Texas 78711-2070.
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Issued in Austin, Texas, on January 24, 1992.
TRD-9201155
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: January 24, 1992
Expiration date: May 23, 1992
For further information, please call: (512) 406-0100
       
Notice of Intent to File Monthly Sworn Reports of Contributions and Expenditures 
or Notice of Intent to Revert to the Regular Filing Schedule
1 TAC sec.5.12
The Texas Ethics Commission adopts on an emergency basis new sec.5.12 concerning 
the form for reporting the notice of intent to file monthly sworn reports of 
contributions and expenditures or notice of intent to revert to the regular 
filing schedule by general-purpose committees.
The Texas Ethics Commission has determined that the emergency adoption of the 
new section is necessary and in the public interest in order to comply with 
Title 15, Texas Election Code, as amended by Senate Bill 1 of the 72nd Regular 
Session of the Texas Legislature, effective date January 1, 1992.
The commission finds that an emergency exists in that Title 15, Texas Election 
Code, has been amended effective January 1, 1992. The amendment requires certain 
information to be filed.
The Texas Constitution, Article III, sec.24a, created the Texas Ethics 
Commission and gives the commission such powers and duties as the legislature 
may provide. The legislature has enacted Texas Civil Statutes, Article 6252-
9d.1, effective January 1, 1992, which confers on the commission the power to 
administer and enforce Title 15, Texas Election Code, and the power to prescribe 
forms for reports.
The Texas Ethics Commission adopts the new section on an emergency basis under 
Texas Civil Statutes, Article 6252-9d.1, sec.1.11(b)(9), which confers upon the 
commission the authority to adopt rules.
sec.5.12. Notice of Intent to File Monthly Sworn Reports of Contributions and 
Expenditures or Intent to Revert to the Regular Filing Schedule. The Texas 
Ethics Commission adopts the Notice of Intent to File Monthly Sworn Reports of 
Contributions and Expenditures or Intent to revert to the Regular Filing 
Schedule Form prescribed by the commission on January 13, 1992, as follows. This 
form is available from the Texas Ethics Commission, P.O. Box 12070, Austin, 
Texas 78711-2070.
 Issued in Austin, Texas, on January 24, 1992.
TRD-9201151
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: January 24, 1992
Expiration date: May 23, 1992
For further information, please call: (512) 406-0100
       
Chapter 10. Registration and Regulation of Lobbyists
Lobbyist Termination Notice
1 TAC sec.10.35
The Texas Ethics Commission adopts on an emergency basis new sec.10.35 
concerning the form "Lobbyist Termination Notice."
The Texas Ethics Commission has determined that the emergency adoption of the 
new section is necessary and in the public interest in order to comply with 
Texas Civil Statutes, Article 6252-9d.1, and Chapter 305, Texas Government Code.
The commission finds that an emergency exists in that the Texas Government Code, 
Chapter 305 requires that certain information be filed with the commission after 
January 1, 1992, and that it be done when a lobbyist ceases lobby activities.
The Texas Constitution, Article III, sec.24a, created the Texas Ethics 
Commission and gives the commission such powers and duties as the legislature 
may provide. The legislature has enacted Texas Civil Statutes, Article 6252-
9d.1, effective January 1, 1992, which confers on the commission the power to 
administer and enforce Chapter 305, Texas Government Code, and the power to 
prescribe forms for reports.
The Texas Ethics Commission adopts the new section on an emergency basis under 
Texas Civil Statutes, Article 6252-9d.1, sec.1.11(b)(9), which confers upon the 
commission the authority to adopt rules.
sec.10.35. Lobbyist Termination Notice. The Texas Ethics Commission adopts the 
Lobbyist Termination Notice Form prescribed by the commission on January 13, 
1992, as follows. This form is available from the Texas Ethics Commission, P.O. 
Box 12070, Austin, Texas 78711-2070.
 Issued in Austin, Texas, on January 24, 1992.
TRD-9201153
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: January 24, 1992
Expiration date: May 23, 1992
For further information, please call: (512) 406-0100
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part XIV. Texas Board of Irrigators
Chapter 421. Introductory Provisions
General Provisions
The Texas Board of Irrigators adopts on an emergency basis amendments to 
sec.sec.421.1, 421.36, and 421.39, concerning general provisions for the board. 
The amendments are adopted under Texas Civil Statutes, Article 8751, sec.7. The 
amendments are adopted on an emergency basis to implement certain provisions of 
Texas Senate Bill 544, 72nd Legislature (1991), which went into effect on 
September 1, 1991 and became Texas Civil Statutes, Article 8751. The amendments 
are proposed in order to define the duties and responsibilities of officers and 
employees of the board as well as to provide guidelines for maintaining official 
open records.
Section 421.1 (concerning definitions) defines terms that are used throughout 
Chapters 421, 423, 425, 427, 429, and 431 of 31 Texas Administrative Code. 
Section 421.36 (concerning officers and employees) delineates the duties and 
responsibilities of board officers and employees. Section 421.39(b) (concerning 
official records) concerns the availability of board records to the public.
31 TAC sec.421.1
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.421.1. Definitions.  The following words and terms, when used in this part, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
<nl>   Backflow prevention -The mechanical prevention of reverse flow, or back 
siphonage, of nonpotable water from an irrigation system into the potable water 
source.
<nl>   Hydraulics-The mathematical computation of determining pressure losses 
and pressure requirements of an irrigation system.
<nl>   Landscape irrigation -The science of applying water to turf or plant 
material to promote and/or sustain growth.
<nl>   Non-toxic substance -Any substance, solid, liquid, or gaseous, which may 
make the water aesthetically unacceptable but, if ingested, will not cause 
illness or death.
<nl>   Precipitation zones -
<nl>(A) Precipitation Zone number 1 is defined as the region of Texas requiring 
the landscape irrigation system to distribute a minimum of .25 inches of water 
per hour for every hour that the landscape irrigation system is in operation.
<nl>(B) Precipitation Zone number 2 is defined as the region of Texas requiring 
the landscape irrigation system to distribute a minimum of .275 inches of water 
per hour for every hour that the landscape irrigation system is in operation.
<nl>(C) Precipitation Zone number 3 is defined as the region of Texas requiring 
the landscape irrigation system to distribute a minimum of .30 inches of water 
per hour for every hour that the landscape irrigation system is in operation.
<nl>(D) Precipitation Zone number 4 is defined as the region of Texas requiring 
the landscape irrigation system to distribute a minimum of .325 inches of water 
per hour for every hour that the landscape irrigation system is in operation. 
The precipitation zones defined in subparagraphs (A)-(D) of this definition are 
represented as Zones number 1-4 on the following map.
[graphic]
<nl>   Toxic substance -Any substance, solid, liquid, or gaseous, which when 
introduced into the water supply system creates, or may create, a danger to the 
health and well-being of the consumer.
<nl>   Water conservation -The design and installation of an irrigation system 
which applies the least amount of water to maintain health individual plant 
material or turf.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201196
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
General Provisions Affecting Board
31 TAC sec.421.36, sec.421.39
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.421.36. Officers and Employees.
(a) <nl>When present, the chairman shall preside at all meetings, sign all 
certificates of registration issued, and perform all other duties pertaining to 
the office.<ol> [The board shall elect a chairman who shall hold office for two 
years and thereafter until his successor has been elected. The chairman may be 
removed by the board for cause, but his removal does not disqualify him from 
continuing as a member of the board. When present, the chairman shall preside at 
all meetings, sign all certificates of registration issued; and perform all 
other duties pertaining to the office.]
(b) (No change.)
(c) <nl>Where there is a vacancy in the office of the vice chairman, the board 
shall elect a member to fill the vacancy for the remainder of the unexpired 
term. <ol> [Where there is a vacancy in the office of the chairman or vice 
chairman, the board shall elect a member to fill the vacancy for the remainder 
of the unexpired term.]
(d) (No change.)
(e) The executive secretary is authorized to request necessary services from the 
executive director. <nl>Such services include, but are not limited to: 
conducting investigations, holding hearings, and performing other duties and 
functions in accordance with Texas Civil Statutes, Article 8751.
sec.421.39. Official Records.
(a) (No change.)
(b) <nl>All records, reports, documents, data, and other information collected 
by the executive secretary and staff in the performance of enforcement duties 
are the property of the state. Unless the executive secretary considers 
information to be confidential and not subject to disclosure in accordance with 
the Texas Open Records Act, Texas Civil Statutes, Article 6252-17a, or the 
Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 
6252-13a, all such records, reports, documents, data and other information 
collected by the executive secretary shall be made available to the public for 
inspection and copying during regular office hours. <ol> [Subject to the 
limitations and exceptions provided under the Open Records Act, Texas Civil 
Statutes, Article 6252-17a, information collected, assembled, or maintained by 
the board or its executive secretary is public information open to inspection 
and copying during regular business hours.]
Issued in Austin, Texas, on January 27, 1992.
TRD-9201197
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Chapter 423. Registration of Irrigators and Installers
Application for Registration
31 TAC sec.sec.423.1, 423.4, 423.7, 423.10, 423.13, 423.19, 423.22
The Texas Board of Irrigators adopts on an emergency basis amendments to 
sec.sec.423.1, 423.4, 423.7, 423.10, 423.13, 423.19, 423.22, 423.41, 423.50, and 
423.56, concerning application for registration to become a licensed irrigator 
or installer. The amendments are adopted under Texas Civil Statutes, Article 
8751, sec.7. The amendments are adopted on an emergency basis to implement 
certain provisions of Texas Senate Bill 544, 72nd Legislature (1991), which went 
into effect on September 1, 1991 and became Texas Civil Statutes, Article 8751. 
The amendments are adopted in order to delineate eligibility requirements and 
procedures for those applying for certificates of registration.
Section 423.1 (concerning certificate of registration) delineates the 
eligibility requirements for obtaining an irrigators or installer's license. 
Section 423.4 (concerning application for certificates of registration) dictates 
who must apply for a certificate of registration and the procedure for obtaining 
a certificate of registration. Section 423.7 (concerning application and 
examination fees; form of payment) sets out the amount and form of payment to be 
paid by an irrigator or installer in applying to take the examination. Section 
423.10 (concerning Application Processing) describes the process for applying to 
take the irrigator's or installer's licensing examination. Section 423.13 
(concerning determination of registration by endorsement) defines the board's 
procedure for registering by endorsement certain irrigators and installers that 
are licensed in other states. Section 423.19 (concerning rejection of 
application) provides the conditions under which the board may reject an 
application for registration. Section 423.22 (concerning hearing on rejected 
application) dictates the procedures to be taken if a hearing is requested on a 
rejected application. Section 423.41 (concerning eligibility for written 
examinations) discusses who is to administer the examination for irrigators and 
installers to become licensed, and who is eligible to take the aforementioned 
examination. Section 423.50 (concerning appearance for examination; failure to 
appear) dictates that an applicant must personally appear to take the 
examination and failure to appear may result in forfeiture of the examination 
fee. Section 423.56 (concerning grading; minimum passing score) dictates that to 
become a licensed irrigator or installer the applicant must correctly answer a 
minimum of 70% of the questions in each section of the examination.
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its power and duties under Texas 
Civil Statutes, Article 8751.
sec.423.1. Eligibility for Certificates of Registration.
(a) The board <nl>shall<ol> [may] issue certificates of registration only to 
<nl>persons<ol> [individuals] who are eligible for registration as licensed 
irrigators or licensed installers under Texas Civil Statutes, Article 8751 and 
these sections. No certificate of registration may be issued to any firm, 
partnership, corporation, or other group of persons.
(b) No <nl>person<ol> [individual] is eligible to receive a licensed irrigator's 
or licensed installer's certificate of registration unless he has applied for it 
pursuant to these sections and:
(1) the board has determined that <nl>the <ol> [he is a] person [of good moral 
character who] has passed a uniform, reasonable examination for irrigators or 
installers, as applicable, administered by the board in accordance with these 
sections <nl>and Texas Civil Statutes, Article 8751. To pass such examination, a 
person must satisfactorily demonstrate sufficient proficiency in, but not 
limited to, the principles of cross connections, safety devices to prevent 
contamination of potable water supplies, efficient irrigation system design and 
installation, water conservation, hydraulics, and backflow prevention<ol>; or
(2) the board has determined that he is a person registered as the equivalent of 
a licensed irrigator or licensed installer in another state or country that has 
requirements for registration <nl>or licensing<ol> that are substantially 
equivalent to the requirements of Texas. [and that extends the same privilege of 
reciprocity to licensed irrigators or licensed installers registered in Texas].
sec.423.4. Applications for Certificates of Registration.
(a)  (No change.)
(b) In addition to submitting his completed application form and application 
fee, a <nl>person<ol> [an irrigator or installer] holding <nl>the equivalent of 
<ol>a <nl>valid licensed irrigator or licensed installer <ol>certificate of 
registration in another state [or country] who wishes to be considered for 
registration <nl>by endorsement <ol> in Texas [under reciprocity,] shall 
<nl>arrange for a certified copy of his certification record from the state or 
country in which he is registered to be directly submitted<ol> [submit] to the 
executive secretary <nl>by the foreign registration agency.<ol> [his 
certification record from the state or country in which he is registered.] 
<nl>Obtaining a passing grade on all or any part of the written examination 
required for registration may be waived by the board on a case-by-case basis for 
any person holding the equivalent of a valid irrigator's or installer's license 
or certificate of registration issued by another state that has substantially 
equivalent requirements as Texas.
(c)  (No change.)
sec.423.7. Application and Examination Fees; Form of Payment.  Persons applying 
for an irrigator's certificate of registration shall remit an application and 
examination fee of $75. Persons applying for an installer's certificate of 
registration shall remit an application <nl>and <ol> [or] examination fee of 
$35. Payments shall be made by personal check, money order, or cashier's check 
made payable to the Texas Board of Irrigators. These fees shall not be 
refundable.
sec.423.10. Application Processing.
(a) (No change.)
(b)  Applications for registration by examination may be made at any time but 
must be accompanied by the examination fee and received by the executive 
secretary at least <nl>30 <ol> [45] days prior to the applicant's examination 
date. Applicants shall be responsible for fulfilling <nl>all <ol> application 
requirements by <nl>this<ol> [the] deadline. If the application is complete, the 
executive secretary shall notify the applicant, so stating, within 10 working 
days after receipt of the complete application.
(c) The <nl>executive secretary <ol> [board] shall verify [and evaluate] each 
submitted application, and if the board or the executive secretary should 
require additional relevant information, the applicant shall submit such 
information within the time and in the form requested. The applicant shall be 
given written notice of any deficiency within 10 working days of receipt of the 
application.
(d) (No change.)
sec.423.13. Determination of Application for Registration  23>by Endorsement 
[under Reciprocity]. The board's approval of an application for registration 
<nl>by endorsement<ol> [under reciprocity] shall be given by letter, within 
<nl>120<ol> [30] days after receipt of said application, which assigns the 
applicant a registration number. A certificate of registration and 
identification card shall be issued upon the applicant's compliance with 
sec.425.41 of this title (relating to Seal Required) and sec.425. 44 of this 
title (relating to Seal and Rubber Stamp Facsimile Design) as applicable.
sec.423.19. Rejection of Application.
[(a)] The board, or the executive secretary on behalf of the board, may reject 
an application if:
(1)-(2) (No change.)
[(b) The board may reject an application if the board finds that the applicant 
is not of good moral character.]
sec.423.22. Hearing on Rejected Application.
(a) (No change.)
(b) The applicant must request a hearing in writing within <nl>20<ol> [10] days 
after the applicant receives his letter of rejection.
(c)-(d)  (No change.)
(e) The board shall <nl>render a final decision on the application in an open 
meeting.<ol> [inform the applicant of its final decision on his application by 
certified mail.] If the final decision is to uphold its rejection of the 
application, the board shall state in its final <nl>order<ol> [decision] the 
reasons and relevant facts for rejection. The final decision or order must be 
rendered within 60 days after the date the hearing is finally closed.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201198
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Examinations
31 TAC sec.sec.423.41, 423.50, 423.56
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.423.41. Eligibility for Written Examinations. The board, or any board 
members, or the executive secretary on behalf of the board shall administer 
written examinations only to persons [who the board has determined to be of good 
moral character and] who have completed the required application form and have 
submitted it and the required examination fee to the executive secretary in 
accordance with these sections.
sec.423.50. Appearance for Examination; Failure to Appear.  Applicants shall 
personally appear for the written examination at the designated date, time, and 
place and be prepared to present sufficient identification. An applicant who 
fails to appear for an examination shall forfeit the required examination fee 
except upon written request showing good cause why the applicant failed to 
appear, as determined by the board <nl>or the executive secretary.
sec.423.56. Grading; Minimum Passing Score. A score of 70<nl>%<ol> or more on 
each and every section of the applicable examination is required for 
registration as a licensed irrigator or licensed installer.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201199
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Chapter 425. Certificate of Registration and Seal
Certificate of Registration
The Texas Board of Irrigators adopts on an emergency basis amendments to 
sec.sec.425.16, 425.19, 425.22, 425.25, and 425.41, concerning certificates of 
registration. The amendments are adopted under Texas Civil Statutes, Article 
8751, sec.7. The amendments are adopted on an emergency basis to implement 
certain provisions of Texas Senate Bill 544, 72nd Legislature (1991), which went 
into effect on September 1, 1991 and became Texas Civil Statutes, Article 8751. 
The amendments are adopted in order to provide guidelines for the expiration of 
certificates of registration, the renewal of certificates of registration, and 
the penalty for failure to renew a certificate of registration.
Section 425.16 (concerning notice of expiration; change of address) dictates 
that the executive secretary is to send written notification of the expiration 
of a licensed irrigators or installer's certificate of registration. Section 
425.19 (concerning renewal of certificate; same registration number) discusses 
the cost and procedure of renewing an unexpired certificate of registration. 
Section 425.22 (concerning failure to renew certificate of registration; notice; 
penalty) discusses the 90-day grace period in which an irrigator or installer 
may renew an expired certificate of registration, the consequences of failing to 
renew a certificate of registration within such grace period, and the penalties 
for purporting to be a licensed irrigator or installer in the absence of a 
current license. Section 425.25 (concerning unauthorized use of certificate) 
dictates who is authorized to use a certificate of registration and the 
consequences for violating this rule. Section 425.41 (concerning seal required) 
requires a licensed irrigator to obtain a seal that is approved by the board, 
register such seal with the board, and place such seal on all professional 
documents.
31 TAC sec.sec.425.16, 425.19, 425.22, 425.25
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.425.16. Notice of Certificate Expiration; Change of Address.
(a) The executive secretary shall notify each licensed irrigator and licensed 
installer of the date of expiration of his certificate and the amount of the fee 
that is required for the annual renewal of registration. Such notice shall be 
sent by first-class mail <nl>to the person's last known address according to 
records of the board at least 30 days before the expiration of a licensed 
irrigator's or licensed installer's certificate.<ol> [by June 30 of each year to 
each licensed irrigator's or licensed installer's last known address.]
(b) Licensed irrigators and licensed installers shall immediately notify the 
executive secretary <nl>in writing<ol> of any change in mailing address.
sec.425.19. Renewal of Certificate; Same Registration Number.
(a)  A licensed irrigator or a licensed installer may renew <nl>an unexpired 
certificate <ol> [his certificate] of registration [at any time during the 
months of July and August of each year] by payment of a renewal fee in the 
amount of $85 for a licensed irrigator or $50 for a licensed installer. Payment 
shall be made by personal check, money order, or cashier's check made payable to 
the Texas Board of Irrigators.
(b) (No change.)
sec.425.22. Failure To Renew Certificate of Registration; Notice; Penalty.
(a) <nl>If a persons licensed irrigator or licensed installer certificate of 
registration has been expired for 90 days or less, the certificate of 
registration is automatically suspended: however, the person may renew the 
certificate by paying to the board the required renewal fee as stated in 
sec.425.19(a) of this title (relating to Renewal of Certificate: Same 
Registration Number), and a late payment fee that is one-half of the examination 
fee set out in sec.423.7 of this title (relating to Application and Examination 
Fees: Form of Payment). <ol> [Failure of a licensed irrigator or a licensed 
installer to renew his certificate of registration by August 31 of each year 
does not deprive him of the right to renewal, but his registration shall be 
automatically suspended and the fee paid for renewal of a certificate of 
registration after the August 31 deadline shall be increased 10% for each month 
or part of a month that the renewal payment is delayed.] If [the] <nl>a person 
<ol> [licensed irrigator or licensed installer] fails to pay <nl>in full<ol> his 
<nl>certificate of registration<ol> renewal fee <nl>and late payment fee <ol> 
within 90 days  <nl>after expiration of the certificate of registration,<ol> 
[after the August 31 deadline,] <nl>the certificate of<ol> [his] registration 
shall <nl>not be renewable. <ol> [automatically expire,]  <nl>The person<ol> 
must requalify under Texas Civil Statutes, Article 8751,  s8, <nl>by submitting 
to examination,<ol> and <nl>otherwise <ol> [he must comply] <nl>complying<ol> 
with Chapter 423 of this title (relating to Registration of Irrigators and 
Installers) to obtain a <nl>new<ol> licensed irrigator or licensed installer 
certificate of registration.
(b) The executive secretary shall immediately notify each licensed irrigator and 
licensed installer who has failed to renew his certificate of registration by 
<nl>its expiration date<ol> [August 31] of such failure by certified mail sent 
to his last known address.
<nl>(c) Any failure of the executive secretary to notify a licensed irrigator or 
installer about renewal of a certificate of registration shall not affect the 
requirements relating to renewal of certificates of registration upon licensees 
under this subchapter.
<nl>(d)<ol>[(c)] Any irrigator or installer who acts as a licensed irrigator or 
licensed installer when his registration has been automatically suspended or has 
automatically expired pursuant to these sections is in violation of Texas Civil 
Statutes<nl>,<ol> Article 8751 and is subject to the penalties provided in 
sec.12 thereof.
sec.425.25. Unauthorized Use of Certificate.
(a) (No change.)
(b) Anyone who uses or attempts to use as his own the certificate of 
registration of someone else who is a licensed irrigator or licensed installer 
violates Texas Civil Statutes, Article 8751 and this section.
(c) (No change.)
Issued in Austin, Texas, on January 27, 1992.
TRD-9201200
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Seal
31 TAC sec.425.41
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.425.41. Seal Required.
(a)-(b) (No change.)
(c) Each licensed irrigator who, on August 28, 1979, held a valid license as a 
landscape irrigator under Texas Laws 1973, Chapter 629, as amended, and 
therefore is registered pursuant to Texas Civil Statutes<nl>,<ol> Article 8751, 
sec.15, shall file with the board before January 1, 1981, in duplicate, a sample 
impression of his seal or rubber stamp facsimile of the design required by 
sec.425.44 of this title (relating to Seal and Rubber Stamp Facsimile Design) on 
letterhead or other business stationery which he uses.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201201
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Chapter 427. Water Supply Connections
Standards for Connections to Potable Water Supplies
31 TAC sec.sec.427.2, 427.4, 427.6, 427.8, 427.10
The Texas Board of Irrigators adopts on an emergency basis new sec.sec.427.2, 
427.6, and 427.8, an amendment to sec.427.4, and the repeal of sec.427.10, 
concerning standards for connections to potable water supplies. The new sections 
are adopted under Texas Civil Statutes, Article 8751, sec.7. The amendments and 
new sections are adopted on an emergency basis to implement certain provisions 
of Texas Senate Bill 544, 72nd Legislature (1991), which went into effect on 
September 1, 1991 and became Texas Civil Statutes, Article 8751. The amendments 
and new sections are adopted in order to provide guidelines for; local 
inspection of irrigation systems; the type of backflow prevention device to 
install; and minimum industry standards for irrigators and installers.
Section 427.4 (concerning absence of local regulation) defines the type of 
backflow prevention device to be installed in the absence of local regulation.
Section 427.2 (concerning local inspection) reiterates a portion of the 
authority of the local regulations in relation to inspection requirements, 
ordinances, or regulations designed to protect the public water supply. Such 
authority is executed by local inspectors. Section 427.6 (concerning required 
backflow prevention devices) describes the type of backflow prevention device 
that shall be installed in irrigation systems. The type of backflow prevention 
device installed in an irrigation system is contingent upon that system's 
potential for contamination of the public water supply. Section 427.8 
(concerning minimum industry standards for irrigators/installers) describes the 
minimum industry standards for: spacing, water pressure, derating, precipitation 
rate, depth coverage, and wiring.
Section 427.10 (concerning connections to alternative water supplies) is being 
repealed.
The amendment, and new sections are adopted on an emergency basis under Texas 
Civil Statutes, Article 8751, sec.7, which provide the Texas Board of Irrigators 
with the authority to adopt rules necessary to carry out its powers and duties 
under Texas Civil Statutes, Article 8751.
sec.427.2. Local Inspection. <ol> Any city, town, county, special purpose 
district, or other political subdivision of the state may be responsible for 
inspection of connections to its public water supply system up to and including 
the backflow prevention device. Water on the discharge side of the backflow 
prevention device is nonpotable and the portion of an irrigation system on the 
discharge side of the backflow prevention device is not required to be inspected 
by a city, town, county, special purpose district, or other political 
subdivision of the state.
sec.427.4. Absence of Local Regulation-Backflow Prevention Devices.  Where a 
licensed irrigator's or a licensed installer's connection of an irrigation 
system [or yard sprinkler system] to a public or a private potable water supply 
is not subject to any inspection requirement, ordinance, or regulation of any 
city, town, county, special purpose district, or other political subdivision of 
the state, the licensed irrigator or licensed installer making such connection 
shall install one of the following devices.
(1)  <nl>Atmospheric vacuum<ol> [Vacuum] breakers. <nl>Atmospheric vacuum<ol> 
[Vacuum] breakers are designed to prevent only back-siphonage. Therefore, vacuum 
breakers shall not be used in <nl>any irrigation<ol> systems where back-pressure 
may occur. In this subchapter, back-pressure means any pressure, regardless of 
its source, against the outlet side of the backflow prevention device, which 
exceeds the supply pressure against the inlet side of the device. Where vacuum 
breakers may be used, they shall be installed at least <nl>six to <ol>12 inches 
above the surrounding ground.
[(2) Atmospheric vacuum breakers.] In addition [to the prohibition and 
installation requirements of subsection (a) of this section], continuous 
pressure on the supply side of an atmospheric vacuum breaker is prohibited. 
Therefore, atmospheric vacuum breakers shall be installed in either of the two 
following ways.
(A)-(B) (No change.)
<nl>(2)<ol>[(3)] Pressure-type vacuum <nl>breakers<ol> [breaker]. <nl>Pressure-
type vacuum breakers are designed to prevent back-syphonage and can operate 
under continuous pressure. <ol> Subject to the prohibition and installation 
requirements of <nl>paragraph (1)<ol> [subsection (a)] of this section, a single 
pressure-type vacuum breaker may be used in systems where the sprinkler main may 
be pressurized at all times.
<nl>(3)<ol>[(4)]  Double check assembly backflow  <nl>preventors<ol> 
[preventor].  <nl>Double<ol> [A double] check assembly (DCA) backflow 
<nl>preventors<ol> [preventor] <nl>are designed to prevent back pressure and 
back syphonage of water not containing any toxic substance. They <ol>may be used 
where water supply pressure and back pressure on the <nl>backflow prevention 
<ol> device may continuously exist.
<nl>(4)<ol>[(5)] Reduced pressure principle <nl>devices<ol> [device]. 
<nl>Reduced<ol> [A reduced] pressure principle <nl>devices<ol> [device] <nl>are 
designed for water containing toxic or non-toxic substances and for back 
pressure and back syphonage. They<ol> shall be installed above ground in a 
location so as to insure that the device will not be submerged during operation. 
[In addition, adequate provisions shall be made for any water which may be 
discharged through the device's release valve. A licensed irrigator may not 
incorporate this device in an irrigation system design without first obtaining 
informed approval to do so from the party for whom he is designing the system.]
sec.427.6. Required Backflow Prevention Devices.
(a) An irrigation system that does not have associated with it any type of 
injection device and that is connected or capable of being connected only to a 
single source of water presents a low potential for contamination of the water 
supply and is, therefore, considered to be a "low hazard" installation. Such an 
irrigation system shall be connected to the water supply through a double check 
assembly backflow preventor, an appropriate type of vacuum breaker, or other 
industry-approved low hazard" backflow prevention device.
(b) An irrigation system with any kind of injection device associated with it 
has a potential for introducing toxic substances into the water supply and is, 
therefore, considered to be a "high hazard" installation. Such an irrigation 
system shall not be connected to any water supply except only through an 
industry-approved "high hazard" backflow prevention device, such as an 
appropriate pressure-type backflow preventor or reduced pressure principle 
backflow prevention device.
(c) If an irrigation system has more than one water supply source, with one or 
more supplies being potable water and the other supply or supplies being 
nonpotable water, the irrigation system shall be connected to each water supply 
only through an industry-approved "high hazard" backflow prevention device.
sec.427.8. Minimum Industry Standards for Irrigators/Installers.
(a) Minimum industry standards for spacing.
(1) Irrigation systems using spray or rotary heads shall be designed and 
installed not to exceed the manufacturer's maximum recommended head spacing for 
a specific nozzle operating at a specific pressure.
(2) Irrigation systems using spray or rotary heads with no recommended spacing 
provided by the manufacturer shall be designed and installed in conformance with 
the average spacing specifications provided by a minimum of three other 
manufacturers of like equipment for the same size nozzle and the same pressure.
(3) Irrigation systems not using spray or rotary heads shall be installed 
according to the manufacturer's recommended installation specifications.
(b) Minimum industry standards for water pressure. Irrigation systems using 
spray or rotary heads shall be designed and installed according to the minimum 
head pressure required by the manufacturer for the nozzle and head spacing used.
(c) Minimum industry standards for wind derating.
(1) Irrigation systems using spray or rotary heads shall be designed and 
installed with the head spacing derated according to the manufacturer's 
recommendation for the average nighttime wind speed.
(2) Irrigation systems using spray or rotary heads with no manufacturer's 
recommended spacing deration provided shall be designed and installed in 
conformance with the average spacing wind derating information provided by three 
other manufacturers of like equipment for that size nozzle and pressure.
(d) Minimum industry standards for precipitation rate.
(1) Landscape irrigation systems using spray or rotary heads that are installed 
in Precipitation Zone Number 1, as defined in sec.421.1(A) of this title 
(relating to Definitions), shall be designed and/or installed to provide a 
minimum precipitation rate inches per hour for every hour that the landscape 
irrigation system is in operation.
(2) Landscape irrigation systems using spray or rotary heads that are installed 
in Precipitation Zone Number 2, as defined in sec.421.1(B), shall be designed 
and/or installed to provide a minimum precipitation rate of .275 inches per hour 
for every hour that the landscape irrigation system is in operation.
(3) Landscape irrigation systems using spray or rotary heads that are installed 
in Precipitation Zone Number 3, as defined in sec.421.1(C), shall be designed 
and/or installed to provide a minimum precipitation rate of .30 inches per hour 
for every hour that the landscape irrigation system is in operation.
(4) Landscape irrigation systems using spray or rotary heads that are installed 
in Precipitation Zone Number 4, as defined in sec.421.1(D), shall be designed 
and/or installed to provide a minimum precipitation rate of .325 inches per hour 
for every hour that the landscape irrigation system is in operation.
(e)  Minimum industry standards for depth coverage. Irrigation systems using 
spray or rotary heads shall be designed and/or installed according to the 
manufacturer's recommended depth coverage specifications, unless:
(1)  the manufacturer has no recommended depth coverage. If the manufacturer has 
no recommended depth coverage, the irrigation system shall be designed and/or 
installed to provide a minimum of six inches of coverage over piping and 
equipment; or
(2) utilities, structures, or tree roots are encountered. If utilities, 
structures, or tree roots are encountered, the irrigation system shall be 
designed and/or installed to provide a minimum of two inches of coverage over 
piping and equipment.
(f) Minimum industry standards for wiring irrigation systems.
(1) The wiring used in an irrigation system that connects section valves to 
controllers shall be Underwriters Laboratories listed for direct underground 
burial.
(2) The wiring used in an irrigation system that connects section valves to 
controllers shall be sized according to the manufacturer's recommendation.
(3) Direct burial wire splices used in an irrigation system shall be waterproof.
(4) Direct burial wire splices used in an irrigation system shall consist of a 
mechanical wire connector inside of a container surrounded by a waterproof 
sealant.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201203
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
31 TAC sec.427.10
The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 
8751, sec.7, which provide the Texas Board of Irrigators with the authority to 
adopt rules necessary to carry out its powers and duties under Texas Civil 
Statutes, Article 8751.
sec.427.10. Connections to Alternate Water Supplies.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201204
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Chapter 429. Violation of Statute or Board Rule
Complaint Process
The Texas Board of Irrigators adopts on an emergency basis amendments to 
sec.sec.429.4, 429.7, 429.10, 429.44, 429.51, 429.53, and 429.55, the repeal of 
sec.sec.429.1, 429.13, 429.16, 429.19, 429.22, and 429.41, and new 
sec.sec.429.1-429.3, 429.5, 429.11, and 429.13-429.19, concerning: the 
processing of a complaint filed with the board against an irrigator or 
installer, the investigation of a complaint, informal resolution of a complaint, 
revocation of registration by the board, civil penalties to be assessed by a 
court, and action by the attorney general to recover civil penalties and pursue 
injunctive relief; the steps taken to file a complaint with the board against an 
irrigator or installer, setting complaint on board agenda for further 
investigation, board consideration of and action on complaints, referral of 
complaints by the board to hearings before the Texas Water Commission, referral 
of probable violations to the board by board members, and the Texas Water 
Commission's authority to revoke the registration of a licensed irrigator or 
installer; and the board's issuance of enforcement orders, hearings with respect 
to alleged violations of the Licensed Irrigators Act or of any order of the 
board, the steps taken to file a complaint with the board against an irrigator 
or installer, notice of complaint status, the hearing request and enforcement 
report, the procedures for notice, hearing, action, and appeal of alleged 
violations of Texas Civil Statutes, Article 8751, or a rule of the board. The 
amendments, repeals, and new sections are adopted under Texas Civil Statutes, 
Article 8751, sec.7. The amendments are adopted on an emergency basis to 
implement certain provisions of Texas Senate Bill 544, 72nd Legislature (1991), 
which went into effect on September 1, 1991 and became Texas Civil Statutes, 
Article 8751. The amendments, repeals, and new rules are adopted on an emergency 
basis in order to provide guidelines for making complaints to the Board of 
Irrigators, investigating complaints, and resolving complaints through either 
informal resolution or a formal hearing.
Section 429.4 (concerning board's receipt of complaint) dictates the duties of 
the executive secretary upon receipt of a complaint. Section 429.7 (concerning 
investigation of complaint) discusses the duties of the executive secretary, or 
an investigator designated by the executive secretary, in investigating a 
complaint and the authority of the executive secretary to refer the complaint to 
the attorney general if the executive secretary determines that immediate legal 
action is necessary to enforce applicable statutes or board rules. Section 
429.10 (concerning informal resolution of complaint) provides that the executive 
secretary determines when a complaint is informally resolved and notifies the 
complainant, respondent, and the board of such informal resolution. Section 
429.44 (concerning surrender of certificate and identification card; seal) 
discusses that once an irrigator's/installers license has been revoked by the 
board, such irrigator/installer shall surrender his certificate of registration 
and identification card to the board. Section 429.51 (concerning civil penalty) 
sets out the maximum civil penalty a person may be assessed when found in 
violation of statutes, rules, or board orders by a court of competent 
jurisdiction. Section 429.53 (concerning injunctions) dictates that the board 
may enforce Texas Civil Statutes, Article 8751, board rule, and board order by 
injunctions or other appropriate remedy. Section 429.55 (concerning action by 
attorney general) provides for the recovery of civil penalties, or for 
injunctive relief through action by the attorney general.
Sections 429.1, 429.13, 429.16, 429.19, 429.22, and 429.41 are being repealed in 
order to comply with Texas Senate Bill 544, 72nd Legislature (1991), which went 
into effect on September 1, 1991 and became Texas Civil Statutes, Article 8751, 
that mandates the establishment of a formal hearing process before the board.
Section 429.1 (concerning enforcement orders) dictates that the board may issue 
orders enforcing compliance with Texas Civil Statutes, Article 8751, board 
rules, and board orders. Section 429.2 (concerning hearings on alleged 
violations) discusses that the board may order a public hearing with respect to 
alleged violations, may receive relevant evidence, may compel attendance of a 
witness, shall make findings of fact and conclusions of law, and is authorized 
to issue orders. Section 429.3 (concerning complaint) defines who may file a 
complaint to the board and what that complaint must include. Section 429.13 
(concerning hearing request and enforcement report) delineates the steps to be 
taken by the executive secretary in initiating an enforcement action; what 
matters are to be included in the enforcement report; what the proposed penalty 
is to be based upon; and the maximum administrative penalty allowed. Section 
429. 14 (concerning notice) provides that the executive secretary shall notify 
an alleged violator of the issuance of a violation report. This section also 
dictates what information the notice is to include, when the notice shall be 
sent, and under what circumstances a hearing shall be set. Section 429.15 
(concerning answer) discusses the following: that if the executive secretary 
recommends that a penalty be assessed, the respondent may answer within a 
specific time period; the contents of the respondent's answer; the board's 
action after receiving respondent's answer; circumstances under which 
supplemental pleadings may be filed; presumptions to be made in the hearing 
except for good cause shown; amendments to answer consenting to the executive 
secretarys violation report and recommended penalties; and that if the 
respondent and the executive secretary reach a settlement, such settlement is 
subject to board approval. Section 429.16 (concerning hearing) dictates the 
following: when the board may remand the matter for an evidentiary hearing 
before a hearings examiner that has been designated by the board; that the 
hearings examiner shall make findings of fact and conclusions of law, and issue 
a proposal for decision; and that the board and the hearing's examiner have 
subpoena power.
Section 429.17 (concerning board consideration of complaint; board action on 
complaint) prescribes the options the board has upon receiving the hearing 
examiner's recommendations. This section also delineates factors the board is to 
consider in determining the penalty amount. Section 429.18 (notice of board 
order) dictates that the executive secretary shall send notice to the respondent 
of the board's order. Such notice shall contain elements specified in this 
section. Section 429.19 (concerning appeals of administrative penalties) sets 
out the procedures for a respondent's appeal of an administrative penalty. 
Specifically, this section: requires that the respondent pay the penalty in full 
within 30 days of the final board order; defines how a respondent who is 
assessed a penalty may suspend enforcement of such penalty while seeking 
judicial review; provides the options of a respondent who is financially unable 
to pay the assessed penalty; delineates the consequences for failing to act on a 
penalty within 30 days of the board's final order; dictates the procedure for 
collecting or returning appropriate penalty amounts after final appellate 
determination; provides that supersedeas bonds or escrow accounts must be drawn 
according to a form on file in the executive secretarys office; and defines the 
standard of review of the board's order or decision.
31 TAC sec.sec.429.1 429.13, 429.16, 429.19, 429.22
The repeals are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.429.1. Complaint.
sec.429.13. Setting Complaint on Board Agenda; Notice.
sec.429.16. Board Consideration of Complaint; Board Action on Complaint.
sec.429.19. Copies of Board Order.
sec.429.22. Probable Violation Report of Board Member.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201205
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
31 TAC sec.sec.429.1-429.5, 429.7, 429.10, 429.11, 429.13-429. 19
The amendments and new sections are adopted on an emergency basis under Texas 
Civil Statutes, Article 8751, sec.7, which provide the Texas Board of Irrigators 
with the authority to adopt rules necessary to carry out its powers and duties 
under Texas Civil Statutes, Article 8751.
sec.429.1. Enforcement Orders. <ol> The board, upon a recommendation of the 
executive secretary, or upon its own motion, may issue appropriate orders 
enforcing and directing compliance with the provisions of Texas Civil Statutes, 
Article 8751, the rules of the board, and other orders of the board. A copy of 
every such order shall be sent by certified mail to the person to whom it is 
directed. However, when the board determines that time is of the essence in 
achieving compliance, the order may be transmitted in person, by telephone, 
telegraph, telecopier (telefax), or other satisfactory means, but it shall be 
promptly followed by the written order sent by certified mail as aforesaid. When 
the person to whom the order is directed receives it, regardless of how that 
person initially receives the order, the person shall immediately comply with 
the order according to its terms.
sec.429.2. Hearings on Alleged Violations. The board may, upon the request of 
the executive secretary, order a public hearing with respect to alleged 
violations of the provisions of the Licensed Irrigators Act or of any order of 
the board. The board may receive relevant and competent evidence from any party 
who appears at the hearing, may compel the attendance of witnesses, shall make 
findings of fact and conclusions of law, and is authorized to issue orders and 
make determinations necessary to effectuate the purposes of the Licensed 
Irrigators Act.
sec.429.3. Complaint.
(a) Any person with personal knowledge of any probable violation of Texas Civil 
Statutes, Article 8751 or of these sections may file a written complaint with 
the board.
(b) Any person with personal knowledge of any probable act of a licensed 
irrigator or licensed installer which may constitute gross negligence, 
incompetency, or misconduct while he is acting as a licensed irrigator or 
licensed installer may file a written complaint with the board.
(c) A written complaint must include the name and address of the person against 
whom the complaint is filed and the alleged facts and must be notarized.
sec.429.4. Board's Receipt of Complaint.
<nl>(a) Upon the board's receipt of a complaint, the executive secretary 
<nl>must<ol> [shall:]
[(1) send three copies of the complaint to the executive director;]
[(2)] send one copy of the complaint by certified mail to the 
respondent<nl>.<ol> [; and]
[(3) send a copy of the complaint to the chairman of the board.]
<nl>(b) If a complaint filed with the board is not notarized or does not allege 
sufficient facts upon which the executive secretary can determine the basis for 
enforcement of Texas Civil Statutes, Article 8751, or the rules of the board, 
the executive secretary shall immediately notify the complainant.
sec.429.7. Investigation of Complaint.
(a) <nl>The executive secretary or an investigator designated by the executive 
secretary shall investigate each notarized complaint that alleges sufficient 
facts to establish a prima facia basis for enforcement of Texas Civil Statutes, 
Article 8751, or the rules of the board. <ol> [The chairman of the board may 
appoint not more than three members of the board to investigate a complaint. The 
executive secretary shall furnish each board member appointed to investigate a 
complaint with a copy of the complaint file.]
(b) <nl>The executive secretary or an investigator designated by the executive 
secretary <ol> [Appointed members] shall investigate the matters complained of 
and may take steps to secure the respondent's voluntary compliance with Texas 
Civil Statutes, Article 8751, and these sections, or otherwise informally 
resolve the matter.
(c) Upon completion of the investigation, <nl>the investigator shall file a 
written report with the executive secretary,<ol> [the investigating board 
members shall file with the executive secretary a written report,] including a 
detailed description of the investigation and any informal resolution.[, and any 
recommendations to the board.]
(d) During investigation of a complaint, if the  <nl>executive secretary 
determines <ol> [chairman and board members appointed to investigate the 
complaint determine] that immediate legal action is necessary to enforce Texas 
Civil Statutes, Article 8751, or the rules of the board, the executive secretary 
immediately shall refer the complaint to the attorney general with a request 
that suit be initiated to obtain injunctive and other appropriate relief. Copies 
of the request shall be sent to the complainant, respondent, and all board 
members. At a subsequent meeting of the board, <nl>the investigator<ol> [a board 
member appointed to investigate the complaint] shall report on the investigation 
and actions taken to enforce Texas Civil Statutes, Article 8751, and the rules 
of the board.
sec.429.10. Informal Resolution of Complaint. Where the <nl>executive 
secretary<ol> [chairman of the board] determines that a complaint is informally 
resolved:
(1) the executive secretary shall so inform the complainant and respondent in 
writing, notifying them that <nl>the executive secretary will report the 
resolution to the board with a recommendation that<ol> the board [will] take no 
further action on the complaint unless requested to do so by the complainant; 
[and]
(2) the <nl>investigator or the executive secretary<ol> [board members 
investigating the complaint] shall brief the board, at its next meeting, on the 
complaint, investigation, and resolution; and [.]
<nl>(3) the board will make a final decision on the complaint that it determines 
to be consistent with the informal resolution between the parties the Licensed 
Irrigators Act, and the rules of the board.
sec.429.11. Notice of Complaint Status. For each written complaint filed with 
the board in accordance with sec.429.4 of this title (relating to Board's 
Receipt of Complaint) that is within the authority of the board to resolve, the 
executive secretary on behalf of the board, at least quarterly and until final 
disposition of the complaint, shall notify the parties to the complaint of the 
status of the complaint unless the notice would jeopardize an undercover 
investigation.
sec.429.13. Hearing Request and Enforcement Report.
(a) If the executive secretary determines through investigation of a complaint 
that evidence exists of a violation of Texas Civil Statutes, Article 8751, or 
the rules of the board, the executive secretary may refer such evidence to the 
board and may initiate an enforcement action by issuing a petition to the board 
that alleges the facts upon which the action is based, incorporating the 
complaint upon which the petition is based, and requesting a hearing and 
appropriate relief. The executive secretary shall set the petition for 
consideration by the board as soon as practicable.
(b) If the enforcement action seeks or recommends an administrative penalty to 
be assessed by the board and is brought pursuant to Texas Civil Statutes, 
Article 8751, or any other statute authorizing the board to assess an 
administrative penalty, an enforcement report shall accompany the petition of 
the executive secretary. The enforcement report shall include:
(1) a brief statement of the nature of each alleged violation;
(2) the statute and rules of the board violated;
(3) the facts relied upon by the executive secretary in concluding that a 
violation has occurred;
(4) a recommendation that an administrative penalty be assessed;
(5) the amount of the recommended penalty; and
(6) an analysis of the following factors upon which the proposed penalty shall 
be based:
(A) the seriousness of each alleged violation, including, but not limited to, 
the nature, circumstances, extent, duration, and gravity of the prohibited acts; 
the hazard or potential hazard created to the health, safety, and general 
welfare of the consuming public and the public at large;
(B) with respect to the alleged violator:
(i)  the history and extent of previous violations;
(ii) the degree of culpability;
(iii) the demonstrated good faith, including actions taken by the alleged 
violator to rectify the cause of the violation and actions taken to mitigate any 
damage or harm caused by the violation;
(iv)  any economic benefit gained through the violations; and
(v)  the amount necessary to deter future violations; and
(C) any other matters that justice may require.
(c) The recommended penalty for each violation shall be specified in the 
enforcement report in an amount not to exceed $1,000.
sec.429.14. Notice.
(a) The executive secretary shall notify the alleged violator by certified mail, 
return receipt requested, of the issuance of the executive secretarys petition 
concerning a violation or noncompliance and the recommendation, if any, that a 
license be suspended or revoked and/or that an administrative penalty be 
assessed. The notice shall include a brief summary of the charges, a statement 
of whether the revocation or suspension of the alleged violator's license will 
be recommended, and a statement of the amount of the penalty recommended. The 
notice shall also include a statement of the right of the person charged to an 
evidentiary hearing on any or all of the following: the occurrence of the 
violation or the suspension or revocation of the license and/or the amount of 
the penalty. The notice shall be sent not later than the 14th day after the date 
on which the enforcement report is issued, or if an enforcement report is not 
issued, then at least 20 days prior to the hearing before the board or a 
hearings officer appointed by the board.
(b) If the person charged requests an evidentiary hearing or fails to timely 
respond to the notice as required by sec.429.15(a) of this title (relating to 
Answer), the executive secretary shall set an evidentiary hearing and shall send 
notice of the time and place of the hearing to the person charged not less than 
10 days prior to the evidentiary hearing by certified mail, return receipt 
requested.
(c) In all cases where the executive secretary proposes that the board suspend 
or revoke a person's certificate of registration, the board will make the final 
decision upon such proposal. No decision by the board may be made upon a 
proposal to revoke or suspend a person's certificate of registration except 
after notice and a hearing before the board or a hearings officer appointed by 
the board.
sec.429.15. Answer.
(a) If the executive secretary recommended in the enforcement report that a 
penalty be assessed, the person charged may submit to the board a sworn answer, 
not later than 20 days after the date on which notice of the initial hearing 
before the board is received, containing either written consent to the executive 
secretary's petition and enforcement report, including the recommended penalty, 
or a written request for an evidentiary hearing.
(b) If the person charged consents to the petition and enforcement report, 
including the recommended penalty, the answer shall affirmatively so state. 
After the answer is received, the board shall issue an order approving the 
enforcement report and the recommended penalty, granting the petition, and 
ordering payment of the recommended penalty.
(c) If the person charged requests an evidentiary hearing to contest either the 
occurrence of the violation, the recommended penalty, or both, the answer shall:
(1)  admit or deny all factual matters; and
(2) affirmatively allege any and all claims, defenses, or mitigating factors the 
person charged may have and the reasoning in support thereof.
(d) Supplemental pleadings may be filed by the person charged, but only in the 
event good cause can be shown as to why claims, defenses, or mitigating factors 
were not affirmatively alleged or factual matters not controverted in the 
original answer.
(e) Except for good cause shown:
(1) factual matters not controverted shall be presumed admitted;
(2) failure to raise a claim, defense, or mitigating factor shall be presumed to 
be a waiver of such claim, defense, or mitigating factor; and
(3) new matters alleged in the answer shall be presumed to be denied by the 
executive secretary unless admitted in subsequent pleading or stipulation by the 
executive secretary.
(f) Nothing shall preclude the person charged from amending the answer at any 
time so as to consent to the executive secretarys violation report and 
recommended penalty. Further, the executive secretary and person charged may 
reach an agreement such that an agreed order is entered wherein the person 
charged admits to any or all of the violations alleged in the executive 
secretary's violation report and consents to the assessment of a specific 
administrative penalty. Such settlement of the matters raised by the executive 
secretary's violation report is subject to the approval of the board.
sec.429.16. Hearing.
(a) Whenever the executive secretary sets a matter for hearing in accordance 
with sec.429.14(b) of this title (relating to Notice), the board may remand such 
matter for hearing to be held by a hearings examiner for the purpose of 
developing an evidentiary record and recommendations as stated in subsection (c) 
of this section, prior to proceedings before the board.
(b) The board shall designate a hearings examiner when a hearing is either 
requested by the respondent or is automatically set due to respondent's failure 
to timely answer. The chairman of the board is authorized to effectuate a remand 
to a hearings examiner and to designate a hearings examiner on behalf of the 
board in accordance with these rules.
(c) The hearings examiner shall make findings of fact and conclusions of law and 
promptly issue to the board a proposal for decision as to the occurrence of the 
violation, including a recommendation as to the amount of the proposed penalty 
if a penalty is warranted. These hearings shall be held in accordance with the 
Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 
6252-13a.
(d) The board and a hearings examiner designated by the board may compel the 
attendance of a witness before the board or hearings examiner as in civil cases 
in district court by issuance of a subpoena.
sec.429.17. Board Consideration of Complaint; Board Action on Complaint.
(a) Based upon the evidentiary record and recommendations of the hearings 
examiner, the board by order may find a violation has occurred and may assess a 
penalty or may find that no violation has occurred.
(b) When assessing an administrative penalty, the board shall consider each 
factor listed in sec.429.12(b)(6) of this title (relating to Hearing 
Request/Violation Report) in determining the amount of the penalty.
(c) As provided by law, the board may suspend or revoke the registration of, or 
place on probation a person whose certificate has been suspended, and reprimand 
any licensed irrigator or licensed installer after giving due notice and an 
opportunity for hearing as required by law, if it finds that he is guilty of:
(1) a violation of Texas Civil Statutes, Article 8751, or a rule of the board;
(2) fraud or deceit in obtaining a certificate of registration; or
(3) gross negligence, incompetency, or misconduct while acting as a licensed 
irrigator or licensed installer.
(d) If the board chooses to probate the suspension, the board may require the 
violator to:
(1) report regularly to the board on matters that are the basis of the 
probation;
(2) limit activities to the areas prescribed by the board; or
(3) continue or renew professional education until the registrant attains a 
degree of skill satisfactory to the board in those areas that are the basis of 
the probation.
sec.429.18. Notice of Board Order. The executive secretary shall give notice of 
the board's order to the person charged. Such notice shall be sent by first-
class mail to the person's last known address according to board records. The 
notice shall include:
(1) the findings of fact and conclusions of law separately stated;
(2) the amount of the penalty ordered, if any;
(3) a statement of the right of the person charged to judicial review of the 
board's order, if any; and
(4) other information required by law.
sec.429.19. Appeals of Administrative Penalties.
(a) Within the 30-day period immediately following the day on which the board's 
order is final, as provided by Texas Civil Statutes, Article 6252-13a, 
sec.16(c), the person charged with the penalty shall pay the penalty in full.
(b) The person assessed a penalty by the board may suspend enforcement of the 
penalty while seeking judicial review, by contesting either the occurrence of 
the violation, the recommended penalty, or both. Enforcement of the penalty may 
be suspended by forwarding the amount of the penalty to the executive secretary 
for placement in an escrow account or posting with the executive secretary a 
supersedeas bond in a form approved by the executive secretary for the amount of 
the penalty, within the 30-day period immediately following the day on which the 
board's order is final.
(c) In the event the person assessed a penalty by the board is financially 
unable to satisfy the requirements set out in subsections (a) or (b) of this 
section, that person may satisfy the requirements of subsection (b) of this 
section, by filing with the executive secretary an affidavit sworn by the person 
assessed a penalty. Such affidavit shall state that person is financially unable 
either to forward the amount of the penalty or to post bond. The affidavit shall 
be filed within the 30-day period immediately following the day on which the 
board's order is final.
(d) Failure to pay the penalty in full, or failure to forward the amount of the 
penalty for placement in an escrow account, or post a supersedeas bond, or 
failure to file the affidavit with the executive secretary within the 30-day 
period immediately following the day on which the board's order is final, shall 
result in a waiver of all legal rights to judicial review. In the event the 
person assessed fails to take any of the actions in subsections (a)-(c) of this 
section, the executive secretary may forward the matter to the attorney general 
for enforcement.
(e) In the event that the final appellate determination is against the person 
assessed a penalty, he or she shall pay the board the full amount of the 
penalty, and the board shall deposit the amount of the penalty in the state 
treasury to the credit of the general revenue fund.
(f) In the event that the final appellate determination reduces the amount of 
the penalty or is in favor of the person assessed, the executive secretary shall 
return the appropriate amount of the penalty assessed plus accrued interest on 
the amount returned with a certificate of its return. Interest on the amount 
returned shall be paid at the rate described in Texas Civil Statutes, Article 
8751, sec.11A(n).
(g) Any supersedeas bond or escrow account filed with the executive secretary 
for the purpose of appeal of the final decision of the board shall be drawn 
according to a form on file in the office of the executive secretary. Upon 
request, the executive secretary shall certify the receipt of the amount of any 
penalty received for the purpose of appeal.
(h) Judicial review of the order or decision of the board assessing the penalty 
shall be in accordance with the substantial evidence rule and shall be 
instituted by filing a petition with a district court in Travis County as 
provided by Texas Civil Statutes, Article 6252-13a.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201206
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Revocation of Registration
31 TAC sec.429.41
The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 
8751, sec.7 which provides the Texas Board of Irrigators with the authority to 
adopt rules necessary to carry out its powers and duties under Texas Civil 
Statutes, Article 8751.
sec.429.41. Grounds for Revocation of Registration.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201255
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
31 TAC sec.429.44
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.429.44. Surrender of Certificate and Identification Card; Seal.  Upon the 
revocation of a licensed irrigator's or licensed installer's registration by the 
<nl>board <ol> [commission], the affected irrigator or installer shall 
immediately surrender his certificate of registration and identification card to 
the board and shall cease using his official seal and any rubber stamp facsimile 
of the seal in the irrigator's possession.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201207
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Penalty
31 TAC sec.sec.429.51, 429.53, 429.55
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.429.51. Civil Penalty.
(a) A person who violates Texas Civil Statutes, Article 8751; a rule adopted by 
the board pursuant to Article 8751; or an order of the <nl>board<ol> 
[commission] issued after a hearing, pursuant to Texas Civil Statutes, Article 
8751,  s5(c); and/or an order  <nl>suspending or<ol> revoking a certificate of 
registration under Texas Civil Statutes, Article 8751, sec.11, is subject to a 
civil penalty not to exceed <nl>$3,000 <ol> [$1,000] for each offense. Each day 
a violation is committed is a separate offense.
(b) (No change.)
sec.429.53. Injunctions.  The board may enforce Texas Civil Statutes, Article 
8751, a board rule, or  <nl>board<ol> [commission] order by injunctions or other 
appropriate remedy. The action may be brought by the board in a court of 
competent jurisdiction in the county in which the offending activity occurred, 
in which the defendent resides, or in Travis County.
sec.429.55. Action by Attorney General. At the request of the <nl>executive 
secretary<ol> [board], the attorney general shall institute and conduct a suit 
in the name of the state to recover the civil penalty as provided under 
sec.429.51 of this title (relating to Civil Penalty) or for injunctive relief or 
other appropriate remedy or for both.
Issued in Austin, Texas, on January 27, 1992.
TRD-9201208
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
Chapter 431. Standards of Conduct
Subchapter A. Licensed Irrigator and Installer Standards
31 TAC sec.sec.431.1-431.6
The Texas Board of Irrigators adopts on an emergency basis amendments to 
sec.sec.431.1-431.6, concerning the standards of conduct for licensed irrigators 
or installers. These amendments are proposed under Texas Civil Statutes, Article 
8751, sec.7. These amendments are adopted on an emergency basis in order to; add 
installers as a group that is governed by Chapters 421, 423, 425, 427, 429, and 
431 of Title 31, Texas Administrative Code; provide guidelines for advertising 
by irrigators and installers; and provide consumers with information regarding 
regulation of irrigation in Texas.
Section 431.1(b) (relating to purpose of standards) requires that applicants are 
to become informed of the standards of conduct provided in this chapter, while 
licensed irrigators or installers are deemed to have notice of such standards of 
conduct. Section 431.2 (relating to intent) prescribes the purpose of 
establishing standards of conduct and the consequences for failing to comply 
with such standards. Section 431.3 (relating to proficiency in field of 
irrigation; representation of qualifications) defines competence in the 
performance of irrigation or installation, and requires truthful disclosure by a 
licensed irrigator or installer of his qualifications. Section 431.4 (relating 
to advertisement) dictates where a licensed must display his registration 
number; prohibits false, misleading, or deceptive practices relating to the 
bidding or advertising of services; and requires the display of the board's 
name, address, and telephone number at a licensed irrigator's or installer's 
place of business. Section 431.5 (relating to contracts) states what a written 
agreement to install an irrigation system shall contain, and if there is no 
written agreement the licensed irrigator/installer is to provide written 
information as to how the consumer may contact the board. Section 431.6 
(relating to design) dictates what shall be included in a design, written 
agreement, bill for service, or document.
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 8751, sec.7, which provide the Texas Board of Irrigators with the 
authority to adopt rules necessary to carry out its powers and duties under 
Texas Civil Statutes, Article 8751.
sec.431.1. Purpose of Standards.
(a) (No change.)
(b) Every applicant for registration as a licensed irrigator <nl>or 
installer<ol> shall become fully informed of the obligations and 
responsibilities inherent in the practice of irrigation as outlined by these 
standards of conduct. Each licensed irrigator <nl>or installer<ol> shall be 
deemed to have notice of these standards of conduct, and shall be required to 
abide by the standards.
sec.431.2. Intent.
(a) These standards of conduct are established to prescribe responsibility and 
knowledge on the part of the irrigator  <nl>and installer<ol> and to aid in 
governing the irrigation industry.
(b) The board shall determine what actions constitute violations of the 
standards and institute appropriate disciplinary action which may lead to 
<nl>monetary penalties and/or<ol> the suspension or revocation of a license in 
accordance with the applicable state statutes.
sec.431.3. Proficiency in Field of Irrigation; Representation of Qualifications.
(a) Competence in the performance of services of a licensed irrigator <nl>or 
installer<ol> requires that the licensee's knowledge and skill encompass the 
currently accepted practice and knowledge of selling, designing, consulting, 
installing, maintaining, altering, repairing, or servicing 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. Licensed irrigators must 
therefore maintain proficiency in the field of irrigation.
(b) A licensed irrigator <nl>or installer <ol> shall accurately and truthfully 
represent to a prospective client his qualifications and capabilities of 
resources to perform the services requested and shall not perform services for 
which he is not qualified by experience or knowledge in the technical field 
involved.
sec.431.4. Advertisement.
(a) A licensed irrigator <nl>or installer <ol> shall display his registration 
number in the form of "LI_______" block letters at least two inches high, on 
both sides of all vehicles used by him or by his employees for installation, 
service, or repair of <nl>irrigation<ol> [irrigations] systems.
(b) (No change.)
<nl>(c) False, misleading, or deceptive practices relating to the bidding or 
advertising of services and fees by a licensed irrigator or a licensed installer 
is prohibited.
<nl>(d) The name, mailing address, and telephone number of the board shall be 
prominently displayed on any sign in plain view at the place of business of a 
licensed irrigator or licensed installer.
sec.431.5. Contracts.
(a) A licensed irrigator's agreement to install an irrigation system, if in 
writing, shall specify his name, business address and telephone number, date 
that the agreement was signed by each party thereto, total agreed price, and the 
design number or a copy of the design. If there is no written design, the 
agreement shall contain a brief description of the major components of the 
system to be installed. <nl>Such agreement shall also provide the name, mailing 
address, and telephone number of the board for the purpose of directing 
complaints to the board.
(b) All written contracts <nl>and bills for service<ol> to install irrigation 
systems shall include the statement: "Irrigation in Texas is regulated by the 
Texas Board of Irrigators, P.O. Box 12337, Austin, Texas <nl>78711<ol> [78701], 
(512) <nl>463-7990<ol> [475-8161].
<nl>(c) If there is no written agreement or bill for service, the irrigator or 
installer shall provide a written document that includes the statement: 
"Irrigation in Texas is regulated by the Texas Board of Irrigators, P. O. Box 
12337, Austin, Texas 78711, (512) 463-7990."
sec.431.6. Design.
(a) No licensed irrigator may design an irrigation system, or a portion thereof, 
so as to require the use of any component part in a way which exceeds the 
manufacturer's performance limitations for the part, unless the use is necessary 
to accommodate special site conditions. Special site conditions shall be noted 
on the design<nl>,<ol> [or in] the written agreement<nl>, the bill for service, 
or the document described in sec.431.5(c) of this title (relating to Contracts) 
<ol> [if there is no written design].
(b) (No change.)
(c) The design [work] shall include a statement of area coverage of the 
irrigation system, and any system which does not provide 100% coverage shall be 
so noted on the design <nl>,<ol> [or in] the <nl>written<ol> agreement <nl>, the 
bill for service, or the document described in sec.431.5(c) of this title.<ol> 
[if there is no written design].
Issued in Austin, Texas, on January 27, 1992.
TRD-9201209
Joyce Watson
Executive Secretary
Texas Board of Irrigators
Effective date: January 27, 1992
Expiration date: May 26, 1992
For further information, please call: (512) 463-8069
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter O. State Sales and Use Tax
34 TAC sec.3.314
The Comptroller of Public Accounts is renewing the effectiveness of the 
emergency adoption of new sec.3.314, for a 60-day period effective January 29, 
1992. The text of new sec.3.314 was originally published in the October 4, 1991, 
issue of the Texas Register (16 TexReg 5446).
Issued in Austin, Texas on January 24, 1991.
TRD-9201172
Anne Hildebrand
Agency Liaison
Comptroller of Public Accounts
Effective date: January 29, 1992
Expiration date: March 29, 1992
For further information, please call: (512) 463-4028