ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 13. CULTURAL RESOURCES
PART II. Texas Historical Commission
CHAPTER 26. Practice and Procedure
13 TAC sec.sec.26.2, 26.5, 26.6, 26.15, 26.17, 26.18, 26.20-26.22, 26.24, 26.25, 
26.27
The Texas Historical Commission adopts amendments to sec.sec.26.2, 26.5, 26.6, 
26.15, 26.17, 26.18, 26.20-26.22, 26.24, 26.25, and 26.27, without changes to 
the proposed text as published in the March 22, 1996, issue of the Texas 
Register (21 TexReg 2349). 
These changes were primarily needed to adapt the rules to changes made to the 
Antiquities Code of Texas by the 74th Legislature of Texas. The proposed 
amendments will assist in conforming the Rules of Practice and Procedure to the 
1995 revisions to the Antiquities Code of Texas. These amendments include the 
elimination of the term Texas Antiquities Committee, clarification of the 
responsibilities and legal limitations of the Antiquities Advisory Board, 
responsibilities of investigative firms and principal investigators, and the 
creation of a new permit category that applies to state agencies or political 
subdivisions of the State that have memorandum of understanding with the Texas 
Historical Commission.
No comments were received regarding adoption of these amendments.
The amendments are proposed under the Natural Resources Code, Title 9, Chapter 
191 (revised by Senate Bill 365, 74th Legislature, 1995), sec.191.052, which 
provides the Texas Historical Commission with authority to promulgate rules and 
require contract or permit conditions to reasonably effect the purposes of 
Chapter 191. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on June 5, 1996.
TRD-9607867
Curtis Tunnell 
Executive Director 
Texas Historical Commission 
Effective date: June 26, 1996 
Proposal publication date: March 22, 1996
For further information, please call: (512) 463-5711

TITLE 19. EDUCATION
PART II. Texas Education Agency
CHAPTER 75.Curriculum
SUBCHAPTER K.Extracurricular Activities
19 TAC sec.75.411, sec.75.412
The Texas Education Agency (TEA) adopts the repeal of sec.75.411 and sec.75.412, 
concerning extracurricular activities, without changes to the proposed text as 
published in the March 12, 1996, issue of the Texas Register (21 TexReg 1964). 
The sections establish definitions, requirements, and procedures related to 
eligibility for, and limitations on, participation in extracurricular activities 
and competitive athletics. The repeals are necessary to comply with the sunset 
review process mandated by Senate Bill 1, 74th Texas Legislature, 1995. A new 
Chapter 76 (relating to Extracurricular Activities) is adopted in a separate 
submission.
No comments have been received regarding the repeals.
The repeals are adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 5, 1996.
TRD-9607873
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 12, 1996
Proposal publication date: March 12, 1996
For further information, please call: (512) 463-9701

CHAPTER 76.Extracurricular Activities 
19 TAC sec.76.1
The Texas Education Agency (TEA) adopts new sec.76.1, concerning extracurricular 
activities, with changes to the proposed text as published in the March 12, 
1996, issue of the Texas Register  (21 TexReg 1965). The section establishes 
definitions, requirements, and procedures related to eligibility for, and 
limitations on, participation in extracurricular activities and competitive 
athletics. The section will help preserve the school day and week for academic 
activities. 
The new section is adopted as part of the sunset review process mandated by 
Senate Bill 1, 74th Texas Legislature, 1995. The repeal of Chapter 75, 
Subchapter K (relating to Extracurricular Activities), is adopted in a separate 
submission. 
New sec.76.1 is adopted with the following changes to the proposed text. 
Subsection (a)(2) was deleted because, after further legal review and 
discussions with members of the legislature, it was determined that the State 
Board of Education (SBOE) does not have statutory authority to require that a 
student be promoted to the next grade level or that the student have earned 
minimum credits during the previous year to be eligible for extracurricular 
participation during the first six weeks of the school year. 
Based on public comment, subsection (a)(3)(C) was deleted. The deletion 
increases the possible number of exceptions allowed for participation in a 
public performance by an otherwise ineligible student who is enrolled in a 
state-approved course. 
As proposed, subsection (g)(4) prohibited a school from scheduling an 
extracurricular activity or a public performance to occur on the day or evening 
immediately preceding the day on which the Texas Assessment of Academic Skills 
(TAAS) test is scheduled to be administered. Based on public comment, the text 
was modified to provide for relief from this prohibition. 
Based on public comment, subsection (h)(5) was modified to provide greater 
latitude in scheduling practice for extracurricular activities to a school 
operating on a non-traditional class schedule. 
Finally, several cross-references have been corrected. 
Public comments received from the Texas Music Educators Association, the Texas 
Association of Secondary School Principals, and Wimberley ISD requested 
modifications to the text, which were addressed by TEA and SBOE in the manner 
discussed in the preceding paragraphs. The Texas Educational Theatre Association 
and Marble Falls High School commented in favor of deleting sec.76.1(a)(3)(C).
The new section is adopted under the Texas Education Code, sec.7.102(b)(28), 
which directs the State Board of Education (SBOE) to adopt rules relating to 
extracurricular activities under the Texas Education Code, sec.33.081; and the 
Texas Education Code, sec.33.081, which directs SBOE to limit by rule 
participation in, and practice for, extracurricular activities during the school 
day and the school week. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 5, 1996.
TRD-9607872
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: March 12, 1996
For further information, please call: (512) 463-9701

CHAPTER 133.Pupil-School Relations
19 TAC sec.sec.133.21-133.24
The Texas Education Agency (TEA) adopts the repeal of sec.sec.133.21-133.24, 
concerning pupil-school relations, without changes to the proposed text as 
published in the March 12, 1996, issue of the Texas Register (21 TexReg 1979). 
The sections establish definitions, requirements, and procedures related to: 
discipline management programs, suspension, expulsion, removal to alternative 
education programs, and discipline of students with handicaps. The repeals are 
necessary to comply with the sunset review process mandated by Senate Bill 1, 
74th Texas Legislature, 1995. 
One individual suggested that rules are necessary to describe the educational 
services required while a student is suspended or in the in-school suspension 
program and to establish requirements concerning the length of a suspension. 
Senate Bill 1 does not authorize the State Board of Education (SBOE) to 
promulgate rules concerning this topic
The repeals are adopted under the Texas Education Code, sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 5, 1996.
TRD-9607876
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1996
Proposal publication date: March 12, 1996
For further information, please call: (512) 463-9701

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health 
CHAPTER 1.Texas Board of Health
Requests for Providing Public Information
sec.sec.229.341-229.343, 229.345-229.352, 229.354-229.357
The Texas Department of Health (department) adopts amendments to 
sec.sec.229.341-229.343, 229.345-229.352, and 229.354-229.357, concerning 
licensure of tanning facilities. Sections 229.348, 229.350, and 229.354 are 
adopted with changes to the proposed text as published in the February 13, 1996, 
issue of the Texas Register (21 TexReg 1030). Sections 229.341-229.343, 229.345-
229.347, 229.349, 229.351, 229.352, and 229.355-229.357 are adopted without 
changes and therefore the sections will not be republished. 
The amendments update language to bring the sections into conformance with the 
statutory amendments passed during the 74th Texas Legislature. The amendments 
will result in increased monitoring of tanning facilities and the prevention of 
serious injuries to consumers from the use of misbranded and adulterated tanning 
devices. 
The sections provide for the licensing and regulation of tanning facilities 
using ultraviolet lamps as required by applicable federal and state regulations. 
The amendments establish new licensure fees to allow the department to recover 
the costs associated with inspecting tanning facilities and administering the 
program. In addition, the amendments will prohibit the department from issuing 
or renewing tanning facility licenses to persons who operate sexually oriented 
businesses. The amendments also allow the department to seek civil and 
administrative penalties for violations of Health and Safety Code, Chapter 145 
(Tanning Facility Regulation Act). 
A summary of the comments and the department's responses to the comments 
follows: 
COMMENT: Concerning sec.229.341, one commenter suggested rephrasing the section 
to improve comprehension, including the addition of severability language to the 
section. 
RESPONSE: The department disagrees and feels the section as stated can be 
interpreted accurately. 
COMMENT: Concerning sec.229.345(j), one commenter objected to the department's 
intent to not issue tanning facility licenses to sexually oriented businesses.
RESPONSE: The department disagrees since the requirement is specified in 
statute. 
COMMENT: Concerning sec.229.346, three commenters objected to the increase in 
licensure fees and its possible effect on small businesses. One of the three 
commenters indicated that the proposed initial licensure fee of $150 was 
acceptable; however, the renewal fee should be less than $150. One of the 
commenters did not believe any licensure fee was warranted. 
RESPONSE: The department understands the concerns expressed by the commenters; 
however, the statute requires the department to recover, at a minimum, 50% of 
the department's costs associated with inspecting tanning facilities and 
managing the licensure program. 
COMMENT: Concerning sec.229.346, one commenter recommended phasing in the 
proposed licensure fee to reduce the financial burden on tanning facilities.
RESPONSE: The department intends to honor existing tanning facility permits 
until the date of their expiration, thereby phasing in the increase in licensure 
fees at the time of renewal. 
COMMENT: Concerning sec.229.346(c), two commenters stated that the proposed 
delinquency fee of $100 is too costly to tanning facility operators. 
RESPONSE: The department disagrees since the costs associated with handling 
delinquent licensees must be recovered by the licensure program. 
COMMENT: Concerning sec.229.347(e)(4), one commenter objected to the reference 
to a change of ownership when 5.0% or more of the share of stock of a 
corporation is transferred from one person to another. 
RESPONSE: The department disagrees since the minimum stock transfer standards 
used for identification of corporate ownership changes are adapted from similar 
standards set by the United States Securities and Exchange Commission. 
COMMENT: Concerning sec.229.348, one commenter stated that the section was too 
stringent in that any purchase of new equipment would require a tanning facility 
to notify the Texas Department of Health of the change. 
RESPONSE: The department acknowledges that the section would require 
notification in the case of new tanning device installations; however, it 
disagrees that the requirement is unnecessarily burdensome to a tanning 
facility. 
COMMENT: Concerning sec.229.348, one commenter recommended changing the 
structure of the text to improve readability. 
RESPONSE: The department agrees and has provided clarification. 
COMMENT: Concerning sec.229.349(a), one commenter objected to the prohibition 
against a tanning facility advertising they are licensed with the Texas 
Department of Health. 
RESPONSE: The department disagrees and is concerned that advertisements 
referencing the department by name may be construed by the consumer as an 
endorsement of the tanning facility. 
COMMENT: Concerning sec.229.350, one commenter objected to the language in the 
warning signs as it relates to the use of tanning devices and skin cancer. 
RESPONSE: The department disagrees and believes the warning signs are similar in 
content to those warnings required for tanning devices by the U.S. Food and Drug 
Administration. 
COMMENT: Concerning sec.229.351(f), two commenters felt that the section as 
written could not be adhered to since components of tanning devices operate at 
internal temperatures in excess of 100 degrees Fahrenheit. 
RESPONSE: The department feels that the section as written adequately clarifies 
the statutory requirement. 
COMMENT: Concerning sec.229.352(c), one commenter objected to a tanning facility 
having to provide protective eyewear in the immediate proximity of the tanning 
device. 
RESPONSE: The department disagrees since the requirement is specified by 
statute. 
COMMENT: Concerning sec.229.352(c), one commenter stated that the word 
"proximity" is too general as it relates to the location of protective eyewear. 
The commenter suggested that the eyewear be kept in a sanitary environment 
accessible to the client or operator. 
RESPONSE: The department disagrees and believes the existing phrase "immediate 
proximity" can be interpreted adequately by tanning facility operators. 
COMMENT: Concerning sec.229.352(c), one commenter suggested the subsection read 
"Customers shall not be required to purchase or rent protective eyewear as a 
prerequisite to the use of that facility's tanning devices/equipment."
RESPONSE: The department disagrees and believes the section is adequate as 
stated. 
COMMENT: Concerning sec.229.354(b)(1), one commenter stated that many tanning 
facilities do not offer "contracts" to consumers and recommended that language 
be added to require noncontract customers to sign the warning statements 
required by the section once every two years. 
RESPONSE: The department disagrees and believes the use of contracts is 
commonplace in the industry and as such should continue to be referenced when 
requiring signed warning statements from consumers. 
COMMENT: Concerning sec.229.354(c), one commenter stated that there are tanning 
devices which have maximum allowable exposure frequencies of once per 48 hours 
which may conflict with the existing 24 hour frequency of use requirement in 
this section. 
RESPONSE: The department recognizes that new product developments may include 
frequency of use directions which differ from those established by this section; 
however, the existing requirement is required by statute and should be 
interpreted in conjunction with instructions provided by the original equipment 
manufacturer.
COMMENT: Concerning sec.229.354(c), one commenter suggested that the individual 
consumer records should reflect the identity of the specific device in use by 
the consumer during a session. 
RESPONSE: The department agrees and the information has been added. 
COMMENT: Concerning sec.229.354(c), one commenter questioned the scientific 
basis for the requirement that no individual be allowed to use a tanning device 
more than once every 24 hours. The commenter suggested that customers be allowed 
to tan once every 22 hours to allow for routine scheduling of appointments.  
RESPONSE: The department disagrees since the requirement is specified by 
statute. 
COMMENT: Concerning sec.229.355, one commenter objected to the broad use of the 
term "injury," and suggested the language be changed to reflect that an injury 
should be related to the specific use of a tanning device.
RESPONSE: The department disagrees and believes the section as written is 
adequate to require the reporting of injuries or illnesses that are associated 
with the use of tanning devices. 
COMMENT: Concerning sec.229.356(c), one commenter suggested that the term 
"properly" be deleted from the section as it relates to sanitizing body contact 
surfaces of a tanning device. 
RESPONSE: The department disagrees and believes the use of the word "properly" 
is necessary to ensure that tanning facility operators follow the appropriate 
instructions for use of sanitizers in cleaning. 
Minor editorial changes were made for clarification purposes. In addition, minor 
changes were made to the size of text characters in warning signs in order to 
improve appearance and uniformity of text in the signs. 
The commenters were: Classic Tan, Inc.; Suntanning Association for Education; 
Sun Industries, Inc.; Tanco Tanning Centers; Electric Sun St. Tropez; 
Continental Tan, Inc.; Electric Sun; Puretan; Tanning Supply Warehouse; 
SunSeekers, Inc.; and Darque Tan. The commenter representing Darque Tan opposed 
adoption of the rules in their entirety. The remaining commenters were generally 
in favor of the rules but expressed concerns, questions, and recommendations. 
The amendments are adopted under Health and Safety Code, sec.145.011, which 
provides the department with authority to adopt necessary regulations pursuant 
to the enforcement of this Chapter; and under Health and Safety Code, 
sec.12.001, which provides the board with authority to adopt rules for the 
performance of every duty imposed by law upon the board, the department, and the 
Commissioner of Health.

sec.229.348.Report of Changes. The license holder shall notify the Texas 
Department of Health (department) in writing within ten days of any change which 
would render the information contained in the initial license application, 
reported pursuant to sec.229.345 of this title (relating to Licensing of Tanning 
Facilities), no longer accurate. Failure to inform the department within 10 days 
of a change in the information required in the initial license application may 
result in a suspension or revocation of the license. This requirement shall not 
apply for changes involving replacement of designated original equipment lamp 
types with lamps which have been certified with the United States Food and Drug 
Administration (FDA) as "equivalent" lamps under the FDA regulations and 
policies applicable at the time of replacement of the lamps. The facility 
operator shall maintain lamp manufacturer's labeling at the facility, 
demonstrating the equivalence of any replacement lamps.

sec.229.350.Warning Signs.
(a) A tanning facility operator shall post a warning sign in a conspicuous 
location where it is readily visible by persons entering the establishment. The 
sign shall have the following wording and appearance.
Figure 1: 25 TAC sec.229.350(a)
(b) A tanning facility operator shall post a warning sign, one sign for each 
tanning device, in a conspicuous location that is readily visible to a person 
about to use the device. The sign shall have the following wording and 
appearance.
Figure 2: 25 TAC sec.229.350(b) 
(c) Warning signs shall meet the following requirements.  
(1) The sign shall be printed on white 80 pound gloss coated cover stock and 
shall be 17 inches wide by 22 inches long. 
(2) The lettering on each warning sign shall be brilliant red (Pantone 185) or 
equivalent on white background. 
(3) The major sign heading entitled "DANGER" shall be a minimum of Helvetica 
Bold 110 point or equivalent. 
(4) The subheading entitled "ULTRAVIOLET RADIATION" shall be a minimum of 
Helvetica Bold 84 point or equivalent. 
(5) Body copy shall be Helvetica 36 point or equivalent.
(6) Remaining capitalized copy shall be a minimum of Helvetica Bold 60 point or 
equivalent. 
(d) Camera ready copies of each sign shall be available for reproduction 
purposes upon written request to: Texas Department of Health, Drugs and Medical 
Devices Division, 1100 West 49th Street, Austin, Texas 78756-3182.  
(e) The Texas Department of Health shall include with a license application a 
description of the design standards required for signs in this section.

sec.229.354.Records.
(a) (No change.) 
(b) Signed warning statement. 
(1) Each time a customer who is 18 years of age or older uses a tanning facility 
device for the first time and each time a person executes or renews a contract 
to use a tanning facility device, the person shall sign and date a written 
statement acknowledging that the person has read and understood the required 
warnings in sec.229.350 of this title (relating to Warning Signs) before using 
the device and agrees to use protective eyewear. 
(2) Before any person under the age of 18 years uses a tanning facility device 
for the first time, the person shall give the tanning facility operator a 
written informed consent statement signed and dated by the person's parent or 
legal guardian stating that the parent or legal guardian has read and understood 
the warnings given by the tanning facility operator, consents to the minor's use 
of a tanning device, and agrees that the minor will use protective eyewear. In 
addition, when a person under 14 years of age is using a tanning device, a 
parent or legal guardian must remain at the tanning facility while the person 
under 14 years of age is using a tanning device. 
(3) (No change.) 
(c) Individual consumer records. An individual record shall be kept by the 
facility operator of each consumer's total number of tanning visits, exposure 
lengths in minutes, times and dates of the exposures, any injuries or illnesses 
resulting from the use of a tanning device, and any written informed consent 
statement required to be signed in this section. Any record of consumer exposure 
to ultraviolet light from a tanning device shall reflect the identity of the 
tanning device responsible for the exposure. The operator must ensure that no 
individual is allowed to use a tanning device more than once every 24 hours. 
(d) Record retention. All records required by this section shall be maintained 
at the tanning facility at least until the third anniversary of the date of the 
consumer's last use of a tanning device. 
(e)-(g) (No change.)
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas on June 4, 1996.
TRD-9607842
Susan K. Steeg
General Counsel, Office of General Counsel
Texas Department of Health
Effective date: June 26, 1996
Proposal publication date: February 13, 1996
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 295.Water Rights, Procedural
SUBCHAPTER A.Requirements of Water Use Permit Applications
Additional Requirements for the Storage of Appropriated Surface Water in 
Aquifers
sec.295.21, sec.295.22
The Texas Natural Resource Conservation Commission (commission) adopts new 
sec.295.21 and sec.295.22, concerning additional requirements for storage of 
appropriated surface water in aquifers under Texas Water Code sec.sec.11.153-
11.155 are adopted without changes to the proposed text as published in the 
March 1, 1996, issue of the Texas Register (21 TexReg 1650). 
The rules implement recent legislation in House Bill 1989 (Regular Session, 74th 
Legislature, 1995) which directs the commission to investigate the feasibility 
of storing appropriated surface water in various aquifers around the state by 
encouraging the issuance of permits for aquifer storage and retrieval (ASR) 
projects, as defined in new sec.297.1 of this title (relating to Definitions), 
which would store appropriated surface water in specific aquifers for subsequent 
retrieval and beneficial use. 
A public hearing on the proposal was held on March 22, 1996, in Austin, Texas. 
The comment period closed on April 18, 1996, in accordance with an Extension of 
Deadline for Written Comments published in the March 29, 1996, issue of the 
Texas Register (21 TexReg 2587). Three persons appeared and offered comments at 
the hearing and five written comments were received by the deadline on April 18, 
1996. 
Oral and written comments were received from individuals representing the 
following: Hill Country Underground Water Conservation District; Bexar, Medina 
and Atascosa Water Control and Improvement District; Bexar Metropolitan Water 
District; Upper Guadalupe River Authority; Canyon Regional Water Authority; City 
of Austin; and CH2M Hill. All of the above commenters provided comments in 
support of the rules as proposed. 
The Texas Water Development Board (board) provided written comments to the 
commission with no specific recommendations or suggested changes, but did 
provide a copy of its draft proposed policy and procedural and administrative 
methods for assessing designation of priority areas of need as defined in the 
Texas Water Code, sec.11.155 (b)(3). 
The Harris-Galveston Coastal Subsidence District indicated that paragraphs (5) 
and (6) should be removed from sec.295.21(a) of the proposed rules on the basis 
that these paragraphs allow pilot projects beyond the scope of House Bill 1989 
(1995). The commission disagrees. One of the underlying principles of House Bill 
1989 is that both the commission and the board are encouraged to evaluate 
aquifers within the state to identify the potential for storage of appropriated 
water underground for subsequent retrieval and use. Both agencies are required 
to report back to the legislature whether ASR is a feasible water resource 
management technology for the state. Staff from the commission and board have 
jointly agreed on technical issues that would need to be adequately addressed 
during a feasibility study of an ASR project. 
Although the Texas Water Code, sec.11.153 limits ASR projects to 11 listed 
counties in the state, of the Texas Water Code, sec.11.155(b) clearly allows the 
board to make other studies, investigations, and surveys of aquifers in the 
state as it considers necessary. In order for that to occur, a term or temporary 
permit, or existing water right would have to be utilized to determine the 
feasibility of ASR. These rules only allow for the temporary diversion of state 
water to occur in order to determine the feasibility of ASR projects in the 
state. Written comments from the board indicate that it concurs with the 
interpretation that the commission has set forth in these rules. 
A takings impact assessment has been performed for these rules in accordance 
with Texas Government Code Annotated, sec.2007.043 and a finding of no takings 
has been made. The proposed rules will not involve a physical invasion, 
dedication, or exaction of real property which is the subject of the rules, will 
not restrict or limit a property right that would otherwise exist, and will not 
eliminate all economic uses of private property which is the subject of the 
rules.  
In accordance with the Texas Water Code, sec.11.153(d) the commission may not 
issue a final order granting a permit or amendment before June 1, 1999. The 
commission will propose rules, at a later date, to address the technical 
information and data to be evaluated by the agency and the procedural steps with 
which an ASR project sponsor will have to comply to obtain a water right.  
The new rules are adopted under the Texas Water Code, sec.5.103, and sec.5.105, 
which authorize the commission to adopt any rules necessary to carry out its 
powers and duties under the Texas Water Code and other laws of Texas and to 
establish and approve all general policy of the commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607724
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: March 1, 1996
For further information, please call: (512) 239-4640

CHAPTER 297.Water Rights, Substantial
The Texas Natural Resource Conservation Commission (commission) adopts 
amendments to sec.sec.297.1, 297.13, and 297.19, and new sec.297.30, concerning 
permits for the storage of appropriated surface water in aquifers under Texas 
Water Code sec.sec.11.153-11.155, permit exemptions for irrigation of certain 
historic cemeteries under Texas Water Code sec.11.1422, and surface coal mining 
sedimentation control structures under Texas Water Code sec.11.142(c) are 
adopted without changes to the proposed text as published in the March 1, 1996, 
issue of the Texas Register (21 TexReg 1652) and a Correction of Error published 
in the March 29, 1996, issue of the Texas Register (21 TexReg 2586). 
The rules implement recent legislation in House Bill 1989 (Regular Session, 74th 
Legislature, 1995) which directs the commission to investigate the feasibility 
of storing appropriated surface water in various aquifers around the state by 
encouraging the issuance of permits for aquifer storage and retrieval (ASR) 
projects, as defined in new sec.297.1 of this title (relating to Definitions), 
which would store appropriated surface water in specific aquifers for subsequent 
retrieval and beneficial use. 
A public hearing on the proposal was held on March 22, 1996, in Austin, Texas. 
The comment period closed on April 18, 1996, in accordance with an Extension of 
Deadline for Written Comments published in the March 29, 1996, issue of the 
Texas Register (21 TexReg 2587). Four persons appeared and offered comments at 
the hearing and five written comments were received by the deadline on April 18, 
1996. The oral and written comments were received from individuals representing 
the following: Texas Water Development Board (board), Hill Country Underground 
Water Conservation District, Bexar, Medina and Atascosa Water Control and 
Improvement District, Bexar Metropolitan Water District, Upper Guadalupe River 
Authority, Canyon Regional Water Authority, City of Austin, Texas Utilities, and 
CH2M Hill. All of the above commenters, except for the board, provided comments 
in support of the rules as proposed. 
The board provided the commission with no specific comments, but did provide a 
copy of its draft proposed policy and procedural and administrative methods for 
assessing designation of priority areas of need as defined in sec.11.155 (b)(3) 
of the Texas Water Code. 

SUBCHAPTER A. Definitions
30 TAC sec.297.1
The amendment is adopted under the Texas Water Code, sec.5.103 and sec.5.105 
which provide the commission with the authority to adopt rules necessary to 
carry out its powers and duties under the code and the laws of the state.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607725
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: March 1, 1996
For further information, please call: (512) 239-4640

SUBCHAPTER B. Classes of Permits
30 TAC sec.297.13, sec.297.19 
The amendments are adopted under the Texas Water Code, sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt rules necessary to 
carry out its powers and duties under the code and the laws of the state. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607726
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: March 1, 1996
For further information, please call: (512) 239-4640

SUBCHAPTER C.Types of Uses
30 TAC sec.297.30
The new section is adopted under the Texas Water Code, sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt rules necessary to 
carry out its powers and duties under the code and the laws of the state. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607868
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: March 1, 1996
For further information, please call: (512) 239-4640

CHAPTER 331.Underground Injection Control
The Texas Natural Resource Conservation Commission (commission) adopts 
amendments to sec.331.2 and sec.331.11, and new sec.sec.331.181-331.186, 
concerning additional standards and requirements for Class V aquifer storage 
wells are adopted without changes to the proposed text as published in the March 
19, 1996, issue of the Texas Register (21 TexReg 2173). 
The rules implement recent legislation in House Bill 1989 (1995) that directs 
the commission to investigate the feasibility of storing appropriated water in 
various aquifers around the state by encouraging the issuance of temporary or 
term permits for aquifer storage and retrieval projects that would store 
appropriated water in certain aquifers for subsequent retrieval and beneficial 
use. 
A public hearing on the proposal was held on March 22, 1996, in Austin, Texas. 
The comment period closed on April 18, 1996, in accordance with an Extension of 
Deadline for Written Comments published in the March 29, 1996, issue of the 
Texas Register (21 TexReg 2587). Three persons appeared and offered comments at 
the hearing and five written comments were received by the deadline on April 18, 
1996. The oral and written comments were received from individuals representing 
the following: Texas Water Development Board (board), Hill Country Underground 
Water Conservation District, Bexar, Medina and Atascosa Water Control and 
Improvement District, Bexar Metropolitan Water District, Upper Guadalupe River 
Authority, Canyon Regional Water Authority, City of Austin, and CH2M Hill. All 
of the above commentoers, except for the board, provided comments in support of 
the rules as proposed. 
The board provided the commission with no specific comments, but did provide a 
copy of its draft proposed policy and procedural and administrative methods for 
assessing designation of priority areas of need as defined in sec.11.155 (b)(3) 
of the Texas Water Code. 

SUBCHAPTER A. Definitions
30 TAC sec.331.2, sec.331.11
sec.331.2, sec.331.11 The amendments to these sections are adopted under the 
Texas Water Code, sec.sec.5.103, 5.105 and 27.019, which provide the Texas 
Natural Resource Conservation Commission (commission) with the authority to 
adopt rules necessary to carry out the powers and duties under the provisions of 
the Codes and other laws of this state; and under the Texas Health and Safety 
Code, sec.361.017 and sec.361.024, which further provide the commission with the 
authority to adopt rules necessary to manage industrial solid and municipal 
hazardous wastes. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607860
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: March 19, 1996
For further information, please call: (512) 239-4640

SUBCHAPTER K.Additional Requirements for Class V. Aquifer Storage Wells
30 TAC sec.sec.331.181-331.186 
The new sections are adopted under the Texas Water Code, sec.sec.5.103, 5.105 
and 27.019, which provide the commission with the authority to adopt rules 
necessary to carry out its powers and duties under the code and laws of the 
state.
Issued in Austin, Texas, on May 31, 1996.
TRD-9607859
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: March 19, 1996
For further information, please call: (512) 239-4640

CHAPTER 344.Landscape Irrigators
The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts 
the repeal of sec.sec.344.1, 344.4, 344.21, 344.24, 344.27, 344.30, 344.33, 
344.36, 344.39, 344.42, 344.45, 344.48, 344.101, 344.104, 344.107, 344.110, 
344.113, 344.116, 344.119, 344.122, 344.141, 344.144, 344.147, 344.150, 344.153, 
344.156, 344.159, 344.162, 344.201, 344.204, 344.207, 344.210, 344.213, 344.216, 
344.219, 344.222, 344.225, 344.241, 344.244, 344.247, 344.250, 344.253, 344.301-
344.304, 344.306, 344.308, 344.401-344.405, 344.407, 344.410, 344.411, 344.413-
344.419, 344.444, 344.451, 344,453, 344.455, 344.501-344.507, relating to 
irrigators advisory council; and adopts new sec.sec.344.1, 344.2, 344.10, 
344.20, 344.23, 344.26-344.30, 344.34, 344.37-344.43, 344.46, 344.49-344.51, 
344.55-344.63, 344.70-344.73, 344.75, 344.77, 344.80-344.85, and sec.sec.344.90-
344.96, relating to landscape irrigators. The new sections are adopted with 
changes to the proposed text as published in the December 12, 1995, issue of the 
Texas Register (20 TexReg 10555). The repeal of the sections specified above is 
adopted without changes and will not be republished.
The purpose of the repeal of Chapter 344 and the adoption of new Chapter 344 is 
to reorganize and streamline the current rules to make them more understandable 
and to facilitate their implementation. In addition, the new rules amend 
existing requirements to provide a licensing and regulatory framework for 
landscape irrigators and installers in accordance with recent legislation.
The rules reflect the implementation of legislation (House Bill (HB) 2510) 
passed by the 74th Legislature regarding the membership and terms of offices of 
the Texas Irrigators Advisory Council, establishment of criteria for a 
continuing education program for licensed irrigators, increased maximum limits 
on fees the agency is allowed to charge for taking an examination and/or 
issuance of a certificate of registration, and better defined processes for 
certificate renewal, complaints and enforcement. 
A public hearing was held on January 3, 1996, in Austin. No oral comments were 
presented at the hearing. The comment period closed on January 12, 1996. A total 
of five written comments were received from the following on specific sections 
of the rules: Texas Water Development Board (TWDB), City of Austin (Austin), two 
comments from different staff members at the Texas Agricultural Extension 
Service (TAES), and a licensed irrigator from El Paso. 
With regard to Subchapter A, the TAES and the City of Austin indicated that they 
did not understand why precipitation zones were established in relation to 
sec.344.1 of these rules. Precipitation zones were established to serve as a 
minimum system design requirement for the licensed irrigator. Precipitation 
rates serve as a minimum standard for the different regions of the state for 
proper performance of a landscape irrigation system. The rates are intended to 
aid both the licensee and consumer in the evaluation of landscape irrigation 
systems. 
All five commenters expressed concern that the definition of "water 
conservation" is too vague and should be expanded. The TWDB suggested that 
"prevention of waste and efficient use of water" be added to the definition. The 
commission agrees and has modified the definition. 
The TAES stated that water conservation is promoted, in fact, through a well 
designed and installed system, and pointed out that continued water conservation 
is more a function of the way a system is managed by the consumer after being 
installed. These two commenters and the TWDB suggested that these rules should 
promote the use of water conservation devices (control technologies) such as 
soil moisture sensors, rain cutoffs, wind shutoffs, freeze shutoffs, or other 
controls which promote water conservation; provide a water conservation schedule 
with each irrigation system or design; or address the operation and maintenance 
through these rules. The commission generally agrees with this suggestion in 
that one of the reasons these rules were proposed was to promote the efficient 
use of the waters in the state. The commission has modified the language of 
sec.344.77 of this chapter by adding a new subsection (g) which states that the 
irrigator should discuss water conservation devices (control technologies) and 
irrigation scheduling with the purchaser. As to the issue of operation and 
management, the commission disagrees that this is an issue for these rules. The 
operation of the irrigation system and the management of the water used once the 
system has been installed will be controlled by the purchaser and not the 
licensee. 
The City of Austin suggested that a new section be established in this chapter 
labeled "Irrigation System Efficiency Standards" and referenced under the 
definition for water conservation. The Commission disagrees with the comment. 
Under these rules, the licensed irrigator is required to design a landscape 
irrigation system which will prevent the waste of water, promote the most 
efficient use of water, and apply the least amount of water required to maintain 
healthy individual plant material or turf. The commission believes that rules 
should not be so specific as to be restrictive to the profession of designing 
and installing landscape irrigation systems or the specific needs of a person 
purchasing an irrigation system. The rule is broad enough to allow the 
utilization of professional judgement by the licensed irrigator. These rules 
allow recourse against a licensed irrigator should he or she install a non-
efficient system.  
The licensed irrigator suggested the definition of water conservation should 
refer to precipitation zones. The commission disagrees. Precipitation rates are 
specified in these rules as a minimum standard for licensees who design systems 
for different areas of the state, and to assure the consumer that the installed 
landscape irrigation system purchased should at least perform at the 
precipitation watering rate. Precipitation rates were established as a design 
and performance standard, not a water conservation standard. The TAES and a 
licensed irrigator urged that either the term "efficient" or "efficient 
irrigation system" be defined. One of the commenters (licensed irrigator) asked 
what qualifies a system as efficient since this person's recollection of the 
state licensing examination allowed/condoned water being sprayed on sidewalks 
and drives. The commission disagrees that definitions for these terms are 
necessary. The rules provide that a licensed irrigator must design a system 
which will prevent the waste of water and apply the least amount of water 
required to maintain healthy individual plant material or turf. These rules 
allow recourse against a licensed irrigator should he or she install a system 
which does not perform at the required level. In response to the comment by the 
licensed irrigator who stated the TNRCC's licensing examination condones water 
sprayed on sidewalks, drives, etc., the commission disagrees. The irrigator 
licensure examination covers this aspect of water conservation. If any applicant 
taking the examination designed a system which would allow water to be sprayed 
on yard fences or buildings, that applicant's design would be graded as an 
inefficient design and not be given credit.  
In relation to sec.344.2, the City of Austin requested an exemption be added to 
this section to cover individuals who are performing water audits for 
governmental entities. The desired change would state that a water auditor not 
only be able to develop water schedules for consumers, but would allow the water 
auditor to ascertain problems with a landscape irrigation system, and offer such 
schedules to the consumer as valid recommendations. The commission agrees that 
the function of a water auditor is an effective tool in evaluating water 
conservation. However, water auditing is not governed by Chapter 34 of the Texas 
Water Code; thus, these rules are not the appropriate forum to address the 
issue. Therefore, no change in the rule is warranted. 
With regard to Subchapter C, the TWDB recommended that water conservation 
training and information be incorporated into licensing and testing procedures. 
In addition, the TWDB suggested that water conservation and drip irrigation 
technology be included into continuing education credit materials, and that part 
of the required eight hours of annual training include information on these 
subjects. The commission agrees and will include these recommendations in the 
licensing and testing training course materials and continuing education 
criteria to be developed in support of these rules. 
In regard to sec.344.56, the licensed irrigator expressed concern about the 
continuing education credit (CEC) requirements in the proposed rules. The 
commenter suggested that the CEC requirement of licensees was not well accepted 
in that person's area of the state due to the failure of the existing statute to 
regulate the industry in that particular region. Concern was also expressed that 
unlicensed persons are not required by these rules to have CEC requirements. The 
commenter offered a personal recommendation that the CEC concept would be an 
overall improvement for the industry. However, the commenter expressed concern 
about this turning into a "cash cow" for whoever conducts CEC training. The same 
commenter asked whether the commission under these rules would require landscape 
architects to maintain CECs if they are functioning in the irrigation field. If 
a person who does not qualify for an exemption under these rules installs an 
irrigation system without a valid license, these rules provide the commission 
with sufficient authority to enforce against such person if the person is 
operating outside the requirements of this chapter or Chapter 34 of the Texas 
Water Code. As mandated by statute, the continuing education credits under these 
rules apply to the annual licensing requirement for renewal of an irrigator's 
certificate. Even though someone may be exempt from having to hold the 
irrigator's license, this does not eliminate the criteria that such a person 
must meet when installing irrigation systems. By statute, continuing education 
credits do not apply to persons meeting the exemption requirements. Landscape 
architects are exempt from this licensure program if their acts are incidental 
to the pursuit of their profession. Therefore, no change in this section is 
warranted. 
With regard to Subchapter D, the TAES asked the agency to clarify the meaning or 
intent of the phrase "designed and maintained to promote water conservation" as 
it is used in sec.344.72. The intent of the rules is to require the most 
efficient system possible and that these rules have been developed on the 
general principle of measuring that efficiency in relation to the overall 
distribution efficiency of the system. 
In relation to sec.344.73, the licensed irrigator asked whether there should be 
a reference to drip irrigation systems in regard to backflow prevention devices 
under this section. The commission believes that backflow prevention devices are 
sufficiently addressed in the rules. It is the intent of these rules that all 
underground landscape irrigation systems and drip irrigation systems must have a 
backflow device when they tie to a potable or non-potable water source. This 
rule applies when local rules/ordinances or inspection are required, or are not 
required. See sec.sec.344.70-344.73 and 344.75. In regard to sec.344.77, the 
TWDB and the licensed irrigator recommend that drip irrigation systems be 
addressed as a covered technology under these rules and that this section 
include minimum guidance regarding the proper design and installation of drip 
irrigation systems. The commission agrees and has modified the language of this 
section to add a new subsection (g) which addresses licensee's installation of 
drip irrigation in the manner which is specified by the manufacturer's 
specifications and recommendations for the product being installed. The 
commission has also modified the definition of "irrigation system" in sec.344.1 
of this chapter to include the installation of drip irrigation. 
The TAES contends these rules were not clear on how precipitation rates will be 
enforced and whether precipitation rates will be based on manufacturer's 
performance data or on measured data through field testing or audits. 
Precipitation rates will be enforced through field investigation and actual 
measurement. Precipitation rates are not based on manufacturers performance 
data, but on measured data in the field. Therefore, no change in the rules is 
warranted. The TWDB recommended that standards or guidance for establishing 
precipitation rates to control runoff and standards for acceptable distribution 
uniformity coefficients be placed in these rules. The commission believes that 
this would be more restrictive than is reasonable or necessary. It would not 
only be restrictive of the licensee, it would also impact manufacturers' current 
and future product designs. Other sections of this chapter address the minimum 
industry standards required to produce an efficient landscape irrigation system 
including distribution uniformity. The efficiency of a system installed within 
these rules also encompasses water conservation as previously expressed.
The licensed irrigator wanted to know which manufacturer makes recommendations 
for depth coverage of piping as stated under subsection (e) of sec.344.77. The 
agency does not maintain a list of manufacturers who have recommended depth 
coverage of piping. Under these rules, licensees are required to meet 
manufacturer's specifications for the products they use. Where the manufacturer 
does not have any specifications or requirements for installation of the 
product, these rules contain certain minimum requirements that must be followed 
(see subsections (a)-(f) of sec.344.77). 
In regard to Subchapter E, the licensed irrigator asked whether there is some 
way for a municipality to report repeat offenders to the TNRCC. This same 
commenter asked whether the TNRCC regional office personnel would aid local 
officials in the enforcement of the statute. The TNRCC staff regularly accept 
written complaints filed by cities and other governmental entities, individuals, 
and licensees. The executive director receives complaints filed by 
municipalities against individuals who have violated their ordinances which 
relate to these rules. The agency routinely coordinates with municipalities as 
situations or circumstances warrant. The agency may not have sufficient 
resources or expertise in the area of landscape irrigation in all of the 
regional offices; however, expertise is available in the TNRCC Central Office 
(Austin) and is made available as necessary. Therefore, no change in the rule is 
warranted.  
In relation to Subchapter F, the licensed irrigator suggested that sec.344.93 be 
amended to require local advertising media to verify valid licensees prior to 
publishing their advertisement. The commission disagrees. This agency does not 
have the statutory authority to require advertisers, such as telephone companies 
or local news media, to verify valid licensing of individuals prior to their 
publishing advertisements. 
The City of Austin and a licensed irrigator urged that sec.344.94 be amended to: 
require written contracts in all transactions between the installer and the 
purchaser; and require any contract for installation of an irrigation system 
include a plan, sealed by a licensed irrigator, in compliance with this chapter 
and a bid sheet that includes unit prices and quantity takeoffs for all items 
being installed. The commission disagrees. This section requires the licensee to 
provide the agency's name and address to the consumer. By having this 
information, the consumer may call to request information and/or file a 
complaint as it relates to landscape irrigation without having to ask the 
contractor directly for the information. Although it is wise for all parties 
involved to have a written contract, to mandate it by rule may be beyond the 
authority given to the commission by Chapter 34 of the Texas Water Code. 
Currently, only written contract documents or proposals must be sealed by the 
licensed irrigator. 
The TAES offered a general comment that irrigation auditing is not mentioned in 
the proposed rule package and asked whether auditing should be required to 
ensure maximum water savings or to evaluate system performance. The commission 
feels that these rules provide sufficient guidance for water conservation 
efforts by the landscape irrigation industry. 
In addition to changes made in response to public comments, several changes have 
been made to: provide consistency between this chapter and other rules of the 
commission; clarify intent of rule; remove conflict with accepted national 
standards; provide consistency with statutory language; and streamline rules. 
The definitions of "executive director," "irrigator," "licensed installer," and 
"licensed irrigator" have been clarified in order to be consistent with other 
commission rules and the statutory intent. 
The definition of "executive director" has been changed to be consistent with 
proposed new Chapter 30 of this title, containing uniform definitions for these 
terms as they are used in commission rules. In addition, the terms "commission" 
and "executive director" have been revised, where appropriate in the rules, to 
assure the consistent and proper use of the terms and to make it clear who would 
be taking the action. 
The term "regularly employed" has been clarified as it is used in the definition 
of "irrigator" to reinforce the intent and interpretation of the statute for 
enforcement purposes. This change simply clarifies the relationship of a 
licensee working for an unlicensed individual who operates a landscape 
irrigation installation business. 
The definitions of "licensed installer" and "licensed irrigator" have been 
modified to remove the ambiguities and redundancy with the definitions of 
"installer" and "irrigator." The suggested changes would make the definitions 
clearer and more consistent with the existing statutory language. 
Section 344.2 (a)(5) is modified to be consistent with the statutory exemptions. 
This change would add the word "regular" to the term employee, and would 
reinforce the intent and interpretation of the statute for enforcement purposes. 
The certified mail requirement under sec.344.27 (d) has been deleted as a cost 
savings and workload efficiency measure. 
The proposed language of sec.sec.344.70, 344.71, and 344.73 has been modified to 
recognize a "public water supplier" as an additional local regulating entity. 
This change is consistent with requirements under Chapter 290 of this title 
(relating to Water Hygiene). 
The requirements under sec.344.73 have been rewritten to remove any conflict 
between the language as proposed and existing requirements of Chapter 290 of 
this title (relating to Water Hygiene). 
The proposed enforcement language under Subchapter E has been modified to comply 
with the agency regulatory reform initiative to provide uniform and consistent 
enforcement procedures under Chapters 70 and 80 of this title (relating to 
Enforcement and Contested Case Hearings). Such changes will streamline and unify 
the enforcement activities of the TNRCC. These changes involve modifications to 
sec.344.84 (relating to Enforcement) to reflect the regulatory reform initiative 
and the deletion of sec.sec.344.86-344.88 (relating to Civil Penalty, 
Injunctions and Action by Attorney General). The terms "or installer's" and "or 
installer" have been deleted from sec.344.94 (b) and (c) to assure consistency 
with the statutory intent, since an installer's authorized activities are 
limited to the actual connection of the irrigation system to a private or 
public, potable or non-potable water system or supply. The commission has 
prepared a Takings Impact Assessment for these rules pursuant to Texas 
Government Code Annotated, sec.2007.043. The following is a summary of that 
Assessment. The specific purpose of the rule is to update existing technical 
standards in response to changing technology in the landscape irrigation 
industry and to implement new state legislation - HB 2510 passed by the 74th 
Legislature regarding the membership and terms of offices of the Texas 
Irrigator's Advisory Council, establishment of criteria for a continuing 
education program for licensed irrigators, increased maximum limits on fees the 
agency is allowed to charge for taking an examination and/or issuance of a 
certificate of registration, and better defined processes for certificate 
renewal, complaints and enforcement. The rules will substantially advance this 
specific purpose by amending existing requirements to address technological 
changes and reorganizing and streamlining the rules to make them more 
understandable and thereby facilitating the implementation of new HB 2510. 
Promulgation and enforcement of these rules will provide a licensing and 
regulatory framework for landscape irrigators and installers and do not affect 
private real property value. 

SUBCHAPTER A.General Provisions
30 TAC sec.344.1, sec.344.4
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other 
applicable laws of this state. Additionally, these repeals are adopted pursuant 
to Texas Water Code, Chapter 34, which provides the commission with the 
authority to regulate the landscape irrigation industry and adopt rules 
consistent with the general intent and purposes of the Act. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607733
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

30 TAC sec.344.1, sec.344.2 
The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 
5.120, and 34.006 which provide the Texas Natural Resource Conservation 
Commission (commission) with the authority to promulgate rules as necessary to 
carry out its powers and duties under the codes and under the laws of the state 
and to establish and approve all general policies of the commission.

sec.344.1.Definitions.
The following words and terms, when used in this chapter shall have the 
following meaning, unless the context clearly indicates otherwise. 
Backflow Prevention - The mechanical prevention of reverse flow, or back 
siphonage, of nonpotable water from an irrigation system into the potable water 
source. 
Back Pressure - 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. 
Commission - The Texas Natural Resource Conservation Commission.
Complainant - Anyone who has filed with the executive director a complaint which 
states matters within the commission's jurisdiction.
Council - The Texas Irrigators Advisory Council Executive director - The 
executive director or any authorized individual designated to act for the 
executive director. 
Hydraulics - The mathematical computation of determining pressure losses and 
pressure requirements of an irrigation system. 
Installer - A person who actually connects an irrigation system to a private or 
public raw or potable water supply system or any water supply.
Irrigation system - An assembly of component parts permanently installed with 
and for the controlled distribution and conservation of water for the purpose of 
irrigating any type of landscape vegetation in any location or for the purpose 
of dust reduction or erosion control. This includes parts used in the 
application and installation of drip irrigation systems. 
Irrigator - A person who sells, designs, consults, installs, maintains, alters, 
repairs, or services an irrigation system including the connection of such 
system in and to a private or public, raw or potable water supply system or any 
water supply. The term does not include: 
(A) a person who assists in the installation, maintenance, alteration, repair, 
or service of an irrigation system under the direct supervision of a licensed 
irrigator; 
(B) an owner of a business that regularly employs a licensed irrigator who 
directly supervises the business's sale, design, consultation, installation, 
maintenance, alteration, repair, and service of irrigation systems. For the 
purposes of these rules, "regularly employs" means steadily, uniformly or 
habitually working in an employer-employee relationship with a view of earning a 
livelihood, as opposed to working casually or occasionally.
Landscape Irrigation - The science of applying water to promote and/or sustain 
growth of plant material or turf. 
Licensed Installer - An installer who has prequalified and is licensed under 
this chapter. 
Licensed Irrigator- An irrigator who has prequalified and is licensed under this 
chapter. 
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 and is not considered a health hazard. 
Person - A natural person. 
Precipitation Zones. 
(A) Precipitation Zone #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. 
(B) Precipitation Zone #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. 
(C) Precipitation Zone #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. 
(D) Precipitation Zone #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 paragraphs (A)-(D) of this section are 
represented as ZONES NO. 1-4 on the following map: 
Figure 1: 30 TAC sec.344.1
Respondent- Anyone against whom a complaint, which states matters within the 
commission's jurisdiction, has been filed with the executive director. 
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. 
Water Conservation - The design and installation of an irrigation system which 
prevents the waste of water, promotes the most efficient use of water and 
applies the least amount of water required to maintain healthy individual plant 
material or turf. 

sec.344.2.Exemptions.
(a) The licensure requirements of this chapter do not apply to: 
(1) Any person licensed by the Texas State Board of Plumbing Examiners; 
(2) A registered professional engineer or architect or landscape architect if 
his or her acts are incidental to the pursuit of his or her profession; 
(3) Irrigation or yard sprinkler work done by a property owner in a building or 
on premises owned or occupied by him or her as his or her home; 
(4) Irrigation or yard sprinkler repair work, other than extension of an 
existing irrigation or yard sprinkler system or installation of a replacement 
system, done by a maintenance person incidental to and on premises owned by the 
business in which he or she is regularly employed or engaged and who does not 
engage in the occupation of licensed irrigator or in yard sprinkler construction 
or maintenance for the general public; 
(5) Irrigation or yard sprinkler work done on the premises or equipment of a 
railroad by a regular employee of the railroad who does not engage in the 
occupation of licensed irrigator or in yard sprinkler construction or 
maintenance for the general public; 
(6) Irrigation and yard sprinkler work done by a person who is regularly 
employed by a county, city, town, special district, or political subdivision of 
the state on public property; 
(7) A garden hose, hose sprinkler, hose-end product, soaker hose, or 
agricultural irrigation system; 
(8) A portable or solid set or other type of commercial agricultural irrigation 
system; or 
(9) Irrigation or yard sprinkler work done by an agriculturist, agronomist, 
horticulturist, forester, gardener, contract gardener, garden or lawn caretaker, 
nurseryman, or grader or cultivator of land on land owned by himself or herself. 
(b) A person who is exempt from the licensure requirements of this rule shall 
comply with the standards established by this rule. Irrigation system does not 
include a system used on or by an agricultural operation as defined in 
sec.251.002, Texas Agriculture Code.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on June 3, 1996.
TRD-9607729
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER B.General Provisions Affecting the Irrigators Advisory Council
30 TAC sec.344.10
The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 
5.120, and 34.006 which provide the Texas Natural Resource Conservation 
Commission (commission) with the authority to promulgate rules as necessary to 
carry out its powers and duties under the codes and under the laws of the state 
and to establish and approve all general policies of the commission.

sec.344.10.Irrigators Advisory Council.
(a) The Texas Irrigators Advisory Council is composed of nine members appointed 
by the commission. Appointments to the council will be made without regard to 
the race, creed, sex, religion, or national origin of the appointees. The 
purpose of the council is to give the commission the benefit of the members' 
collective business, environmental, and technical expertise and experience with 
respect to matters relating to the licensing of landscape irrigators, and 
installers. The council has no executive or administrative powers or duties with 
respect to the operation of the commission, and all such powers and duties rest 
solely with the commission. 
(b) Six members of the council must be licensed irrigators who are residents of 
this state, experienced in the irrigation business, and conversant in irrigation 
methods and techniques. 
(c) Three members must be representatives of the public. A person is not 
eligible for appointment as a public member if the person or the person's 
spouse: 
(1) Is licensed by an occupational regulatory agency in the field of irrigation; 
or 
(2) Is employed by, participates in the management of, or has, other than as a 
consumer, a financial interest in a business entity or other organization 
related to the field of irrigation. 
(d) A council member or an employee of the commission connected with the 
administration of this section may not be an officer, employee, or paid 
consultant of a trade association in the irrigation industry and may not be 
related within the second degree by affinity or consanguinity to a person who is 
an officer, employee, or paid consultant of a trade association in the 
irrigation industry. 
(e) A person who, because of the person's activities on behalf of a trade or 
professional association in the irrigation industry, is required to register as 
a lobbyist under Chapter 305, Texas Government Code, may not serve as a member 
of the council. 
(f) It is grounds for removal from the council if a member;
(1) Does not meet, at the time of the appointment, the qualifications required 
by subsection (b) or (c) of this section for appointment to the council;  
(2) Does not maintain during service on the council the qualifications required 
by subsection (b) or (c) of this section for appointment to the council; 
(3) Violates a prohibition prescribed by subsection (d) or (e) of this section; 
or 
(4) Fails to attend at least one-half of the regularly scheduled meetings held 
each year, excluding meetings held when the person was not a council member. 
(g) The members of the council serve six-year terms, with the terms expiring 
February 1 of each odd-numbered year. 
(h) A member of the council is entitled to a per diem as set by legislative 
appropriation for each day that the member engages in the business of the 
council. A member is entitled to reimbursement for travel expenses, including 
expenses for meals and lodging, as provided for in the General Appropriations 
Act. 
(i) Meetings must be conducted in compliance with Chapter 551, Texas Government 
Code. 
(j) A majority of the council constitutes a quorum for conducting business. 
(k) The council will elect a chairman by a majority vote at the first meeting 
each fiscal year.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607858
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER C.Registration/Licensure of Irrigators and Installers 
30 TAC sec.sec.344.20, 344.23, 344.28, 344.29, 344.30, 344.34, 344.37-344.43, 
344.46, 344.49-344.51, 344.55-344.63 
The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 
5.120, and 34.006 which provide the Texas Natural Resource Conservation 
Commission (commission) with the authority to promulgate rules as necessary to 
carry out its powers and duties under the codes and under the laws of the state 
and to establish and approve all general policies of the commission. 

sec.344.20.Eligibility for Certificates of Registration. 
(a) The executive director will issue certificates of registration only to 
persons who are prequalified (in accordance with sec.344.20(b)(1)) and eligible 
for registration as licensed irrigators or licensed installers under Texas Water 
Code Chapter 34 and these sections. No certificate of registration may be issued 
to any firm, partnership, corporation, or other group of persons.
(b) No person is eligible to receive a licensed irrigator's or licensed 
installer's certificate of registration unless an application has been submitted 
pursuant to these sections and: 
(1) the executive director has determined that the person has passed a uniform, 
reasonable examination for irrigators or installers, as applicable, administered 
by the executive director in accordance with these sections and Texas Water Code 
Chapter 34. 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. Three hundred and sixty (360) days after 
the effective date of these proposed new rules the applicant must present 
evidence of completion of an executive director approved course prior to taking 
the examination; or 
(2) the executive director has determined that the person registered as the 
equivalent of a licensed irrigator or licensed installer in another state or 
country that has requirements for registration or licensing that are 
substantially equivalent to the requirements of Texas (in accordance with 
sec.344.23(b)), and that extends the same privilege of reciprocity to licensed 
irrigators or licensed installers registered in Texas.

sec.344.23.Applications for Certificates of Registration. 
(a) Every person applying for a licensed irrigator's or licensed installer's 
certificate of registration must complete a required application form and submit 
it to the executive director with the required application and examination fee. 
(b) In addition to submitting a completed application form and fee, a person 
holding the equivalent of a valid licensed irrigator's or licensed installer's 
certificate of registration in another state who wishes to be considered for 
registration in Texas under reciprocity, must arrange for a certified copy of 
the certification record from the state or country in which the person is 
registered to be directly submitted to the executive director by the state or 
foreign registration agency. Obtaining a passing grade on all or any part of the 
written examination required for registration may be waived by the executive 
director 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 or country that has substantially equivalent requirements as 
Texas. 
(c) Upon request, the executive director will furnish the required application 
form and instructions for obtaining a licensed irrigator's or licensed 
installer's certificate of registration.

sec.344.26.Application and Examination Fees; Form of Payment. Persons applying 
for an irrigator's certificate of registration must remit an application and 
examination fee of $75. Persons applying for an installer's certificate of 
registration must remit an application and examination fee of $35. Payments must 
be made by personal check, money order, or cashier's check made payable to the 
Texas Natural Resource Conservation Commission. These fees are not refundable.

sec.344.27.Application Processing.
(a) Applications for registration must be submitted to the executive director in 
a complete form and accompanied by the required fee, as applicable. 
(b) Applications for registration by examination may be made at any time but 
must be accompanied by the appropriate fee and received by the executive 
director at least 45 days prior to the applicant's examination date. Applicants 
will be responsible for fulfilling all application requirements by this 
deadline. If the application is complete, the executive director will notify the 
applicant, so stating. 
(c) The executive director will verify each submitted application, and if the 
commission or the executive director requires additional relevant information, 
the applicant must submit such information within the time and in the form 
requested. The applicant will be given notice of any deficiency within 10 
working days of receipt of the application. 
(d) Rejection of an application for registration will be by letter sent by mail 
to the applicant explaining the executive director's reasons for rejection, 
outlining the procedures under which reconsideration may be possible, and 
explaining the applicant's right to a hearing.

sec.344.28.Determination of Application for Registration under Reciprocity. The 
executive director's approval of an application for registration under 
reciprocity will be given by letter, within 30 days after receipt of said 
application and all supporting documentation, which assigns the applicant a 
registration number. A certificate of registration and identification card will 
be issued upon the applicant's compliance with sec.344.59 of this title 
(relating to Seal Required) and sec.344.60 of this title (relating to Seal and 
Rubber Stamp Facsimile Design), as applicable.

sec.344.29.Incomplete Application Returned. If an applicant resubmits an 
incomplete application after the executive director has returned the application 
to the applicant with written instructions to completely answer all or 
particular parts of the application, the executive director may return the 
application to the applicant again without any further action or explanation. 

sec.344.30.Rejection of Application. The executive director may reject an 
application if: 
(1) the applicant has not completely filled in the required application form and 
submitted it to the executive director in accordance with these sections; or 
(2) the applicant has failed to remit the required fee in accordance with these 
sections.

sec.344.34.Eligibility for Written Examinations.  The executive director will 
administer written examinations only to persons who have prequalified by 
completing the required course, in accordance with sec.344.20(b)(1) (relating to 
training course) and submitting a complete application form and the required fee 
to the executive director in accordance with these sections.

sec.344.37.Notification of Examination Date, Time, and Place. The executive 
director will notify each person eligible to take the written examination of the 
examination date, time, and place by first-class mail at the address shown on 
the application.

sec.344.38.Appearance for Examination; Failure to Appear. Applicants must 
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 will forfeit the required fee except upon 
written request showing good cause why the applicant failed to appear, as 
determined by the executive director.

sec.344.39.Examination Conditions. Examinations will be conducted under 
conditions assuring honest results. The executive director, or his designee will 
monitor all tests. Examinees will not be permitted to communicate with anyone 
except a designated monitor during the examination period.

sec.344.40.Grading; Minimum Passing Score. A score of 70% or higher on each and 
every section of the applicable examination is required for registration as a 
licensed irrigator or licensed installer.

sec.344.41.Notification of Examination Results and Performance. Within 45 days 
after the day on which an applicant completed an examination, the executive 
director will send the applicant's examination results by first-class mail. If 
requested in writing by an applicant who fails the examination, the executive 
director will send to the applicant, within 60 days after the day on which the 
request is received by the executive director, an analysis of the applicant's 
performance on the examination. The applicant must make a written request for an 
examination analysis within 30 days after the executive director has sent the 
applicant's examination results.

sec.344.42.Reexamination; Fee. An applicant who fails the examination must 
repeat the entire examination and make full payment of the applicable fee.

sec.344.43.Issuance of Certificate; Registration Fee.
(a) Once the executive director has determined that an applicant has passed the 
written examination, and the applicant has paid the registration fee in 
accordance with subsection (b) of this section and has complied with sec.344.59 
of this title (relating to Seal Required) and sec.344.60 of this title (relating 
to Seal and Rubber Stamp Facsimile Design) as applicable, the executive director 
shall issue a certificate of registration and identification card to the 
applicant. 
(b) The registration fee must be the applicable amount specified in sec.344.56 
of this title (relating to Renewal of Certificate; Same Registration Number) 
prorated on a monthly basis beginning with the month during which the executive 
director informed the applicant that the examination was passed through the 
following August 31st. Payment of the fee must be made within 60 days after the 
date of the letter sent by the executive director to the applicant, indicating 
the amount of the fee. Payment must be made by personal check, money order, or 
cashier's check made payable to the Texas Natural Resource Conservation 
Commission. 

sec.344.46.Description of Certificate. Certificates of registration will 
identify the registrant by name and registration number, show effective date and 
year, confirm the registrant's qualifications, and acknowledge the registrant as 
a licensed irrigator or licensed installer. 

sec.344.49.Display of Certificate. Every person holding a certificate of 
registration must display it at the person's place of business or employment and 
be prepared to substantiate the annual renewal for the current year. 

sec.344.50.Replacement of Certificate. A certificate of registration or 
identification card may be issued to a registrant to replace a lost or destroyed 
certificate or card provided that: 
(1) a current annual renewal is effective; 
(2) the registrant makes proper request for such replacement certificate or card 
and submits an affidavit containing an acceptable explanation of the loss or 
destruction of the original certificate or card; and 
(3) the registrant pays the $10 replacement fee for each certificate or card. 

sec.344.51.Expiration of Certificate. Certificates of registration expire on 
August 31 of each year unless renewed in accordance with sec.344.56(a) of this 
title (relating to Renewal of Certificate; Same Registration Number). 

sec.344.55.Notice of Certificate Expiration; Change of Address.
(a) The executive director will notify each licensed irrigator and licensed 
installer of the date of expiration of the certificate and the amount of the fee 
that is required for the annual renewal of registration. Such notice will be 
sent by first-class mail to the person's last known address according to records 
of the commission at least 30 days before the expiration of a licensed 
irrigator's or licensed installer's certificate. 
(b) Licensed irrigators and licensed installers must immediately notify the 
executive director in writing of any change in mailing address.

sec.344.56.Renewal of Certificate; Same Registration Number.
(a) A licensed irrigator may renew an unexpired certificate of registration by 
payment of a renewal fee in the amount of $85 and submittal of documentation of 
having completed a minimum of 8 hours of agency approved continuing education 
credits prior to August 31. Payment must be made by personal check, money order, 
or cashier's check made payable to the Texas Natural Resource Conservation 
Commission. 
(b) A licensed installer may renew an unexpired certificate of registration by 
payment of a renewal fee in the amount of $50 prior to August 31. Payment must 
be made by personal check, money order, or cashier's check made payable to the 
Texas Natural Resource Conservation Commission.
(c) Renewal of a certificate of registration will be effected by issuance of a 
current identification card. Each identification card shall show the name of the 
registrant, the card's expiration date, and the number of the certificate of 
registration which it renews. 

sec.344.57.Failure To Renew Certificate of Registration; Notice; Penalty.
(a) If a person's 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 the required renewal fee as stated in sec.344.56 of this 
title (relating to Renewal of Certificate; Same Registration Number), and a late 
payment fee that is one-half of the fee set out in sec.344.26 of this title 
(relating to Application and Examination Fees; Form of Payment). If a person 
fails to pay in full the certificate of registration renewal fee and late 
payment fee within 90 days after expiration of the certificate of registration, 
the certificate of registration will not be renewable. The person must requalify 
under Texas Water Code Chapter 34 by submitting to examination and otherwise 
complying with Subchapter C of this title (relating to Registration/Licensure of 
Irrigators and Installers) to obtain a new licensed irrigator's or licensed 
installer's certificate of registration. 
(b) The executive director will immediately notify each licensed irrigator and 
licensed installer who has failed to renew the certificate of registration by 
its expiration date of such failure by mail sent to the person's last known 
address. 
(c) Any failure of the executive director to notify a licensed irrigator or 
installer about renewal of a certificate of registration does not affect the 
requirements relating to renewal of certificates of registration upon licensees 
under this subchapter. 
(d) Any irrigator or installer who acts as a licensed irrigator or licensed 
installer after the registration has been automatically suspended or has 
automatically expired pursuant to these sections is in violation of the Texas 
Water Code Chapter 34 and this chapter. 

sec.344.58.Unauthorized Use of Certificate.
(a) Only a licensed irrigator or licensed installer may use or attempt to use 
the certificate of registration. 
(b) Anyone who uses or attempts to use the certificate of registration of 
someone else who is a licensed irrigator or licensed installer violates Texas 
Water Code Chapter 34 and this chapter. 
(c) Any licensed irrigator or licensed installer who authorizes or allows anyone 
else to use the certificate of registration to act as a licensed irrigator or 
licensed installer violates this chapter. 

sec.344.59.Seal Required.
(a) Each licensed irrigator, upon registration and before issuance of the 
certificate of registration, must obtain a seal or a rubber stamp, as described 
in sec.344.60 (relating to seal and rubber stamp design), of the design 
authorized by the commission. The seal must be placed on all professional 
documents, including maps, plans, designs, drawings, and specifications, issued 
by a licensed irrigator for use in this state. 
(b) Each licensed irrigator must file with the executive director in duplicate 
an impression of his seal or rubber stamp facsimile on letterhead or other 
business stationery which he proposes to use. A licensed irrigator must notify 
the executive director of any changes in the seal or rubber stamp facsimile. 

sec.344.60.Seal and Rubber Stamp Facsimile Design. The required seal and rubber 
stamp impressions must be circular and not less than 1 « inches in 
diameter. The words "State of Texas" must be at the top between the two knurled 
circles and the words "Licensed Irrigator' must be in a like position at the 
bottom. The licensed irrigator's name must be placed horizontally in the 
circular field accompanied by his certificate number. Letters and figures must 
be as bold as possible to insure legibility and durability. 

sec.344.61.Authorized Use of Seal and Rubber Stamp Facsimile.
(a) The licensed irrigator must sign their legal name on each professional 
document and must affix the imprint of the seal or rubber stamp facsimile of the 
seal over that signature. Use of a rubber stamp facsimile is required for 
application on all tracings to produce legible reproduction of all copies or 
prints made from such tracings. 
(b) The presence of the licensed irrigator's seal imprint over their signature 
on any document constitutes the acceptance of all professional responsibility 
for the document and the work done pursuant to and in accordance with the 
document. 
(c) The licensed irrigator is responsible for the security of the seal and 
rubber stamp. 

sec.344.62.Unauthorized Use of Seal or Rubber Stamp. 
(a) Only a licensed irrigator or a person acting under their direction and on 
their behalf may use or attempt to use the seal or rubber stamp. 
(b) Any licensed irrigator who authorizes anyone else to use the seal or rubber 
stamp except on behalf and under their direction violates this chapter. 

sec.344.63.Required Use of Seal. Each licensed irrigator must affix the seal or 
rubber stamp impression to the original index page identifying all drawings 
covered, to the original cover and index page identifying all specification 
pages covered, and to other documents of service as well which are developed and 
issued under the direction or authorship of the licensed irrigator. In the 
absence of index pages or covers identifying all pages bound, each page of all 
original professional documents of service, including drawings, must have the 
seal or rubber stamp impression of the responsible licensed irrigator affixed. 
The absence of a seal or rubber stamp impression affixed to any professional 
documents or plans is a violation of this section.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607857
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER B.General Provisions Affecting the Advisory Council 
30 TAC sec.sec.344.21, 344.24, 344.27, 344.30, 344.33, 344.36, 344.39, 344.42, 
344.45, 344.48
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607734
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER D.Standards for Water Supply Connections
30 TAC sec.sec.344.70-344.73, 344.75, 344.77 
The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 
5.120, and 34.006 which provide the Texas Natural Resource Conservation 
Commission (commission) with the authority to promulgate rules as necessary to 
carry out its powers and duties under the codes and under the laws of the state 
and to establish and approve all general policies of the commission. 

sec.344.70.Local Regulation. Where any city, town, county, special purpose 
district, other political subdivision of the state, or public water supplier 
requires licensed irrigators or licensed installers to comply with reasonable 
inspection requirements, ordinances or regulations designed to protect the 
public water supply, any of which relates to work performed or to be performed 
within such political subdivision's territory by licensed irrigators or licensed 
installers, a licensed irrigator or licensed installer must comply with such 
requirements, ordinances, and regulations.

sec.344.71.Local Inspection. Any city, town, county, special purpose district, 
other political subdivision of the state, or public water supplier 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, other 
political subdivision of the state, or public water supplier.

sec.344.72.Water Conservation. It is the policy of the commission that 
irrigation systems be designed, installed, maintained, repaired, and serviced in 
a manner that will promote water conservation as defined in sec.344.1 of this 
title (relating to Definitions). 

sec.344.73.Absence of Local Regulation-Backflow Prevention Devices. Where a 
licensed irrigator's or a licensed installer's connection of an irrigation 
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, other political subdivision of the state, or public 
water supplier, the licensed irrigator or licensed installer making such 
connection must install one of the following devices: 
(1) Atmospheric vacuum breakers. Atmospheric vacuum breakers are designed to 
prevent only back-siphonage. Therefore, atmospheric vacuum breakers must not be 
used in any irrigation systems where back-pressure may occur. There cannot be 
any shutoff valves downstream from an atmospheric vacuum breaker. Where 
atmospheric vacuum breakers may be used, they must be installed at least six (6) 
inches above any downstream piping and the highest downstream opening. Where 
local topography effectively prohibits such installation, the executive director 
shall be consulted for alternative acceptable installation criteria. Such 
alternative criteria must provide equivalent protection to the potable water 
supply. In addition, continuous pressure on the supply side of an atmospheric 
vacuum breaker is prohibited. A separate atmospheric vacuum breaker must be 
installed on the discharge side of each water control valve, between the valve 
and all of the sprinkler heads which the valve controls.  
(2) Pressure-type vacuum breakers. Pressure-type vacuum breakers are designed to 
prevent back siphonage and can operate under continuous pressure. Where pressure 
vacuum breakers may be used, they must be installed at least twelve (12) inches 
above any downstream piping and the highest downstream opening. Where local 
topography effectively prohibits such installation, the executive director shall 
be consulted for alternative acceptable installation criteria. Such alternative 
criteria must provide equivalent protection to the potable water supply. 
(3) Double check assembly backflow preventors. Double check assembly backflow 
preventors are designed to prevent back pressure and back siphonage of water not 
containing any toxic substance. They may be used where water supply pressure and 
back pressure on the backflow prevention device may continuously exist. If a 
double check valve assembly is installed below grade, there must remain adequate 
space for testing and repair of the device. Test cocks must be of non-ferrous 
material. 
(4) Reduced pressure principle devices. Reduced pressure principle devices are 
designed for water containing toxic or non-toxic substances and for back 
pressure and back siphonage. They must be installed above ground in a location 
so as to insure that the device will not be submerged during operation. In 
addition, adequate provisions must be made for any water which may be discharged 
through the device's relief valve.

sec.344.75.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 must 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 must not be connected to any water supply except 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 must be connected to each water supply 
only through an industry-approved "high hazard" backflow prevention device. 

sec.344.77.Minimum Standards for Irrigators/Installers. 
(a) Minimum standards for spacing. 
(1) Irrigation systems using spray or rotary heads must 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 must be designed and installed in conformance with 
the average spacing specifications provided by a minimum of two other 
manufacturers of like equipment for the same size nozzle and the same pressure. 
(3) Irrigation systems not using spray or rotary heads must be installed 
according to the manufacturer's recommended installation specifications. 
(b) Minimum standards for water pressure. Irrigation systems using spray or 
rotary heads must be designed and installed according to the minimum head 
pressure required by the manufacturer for the nozzle and head spacing used. 
(c) Minimum standards for wind derating. 
(1) Irrigation systems using spray or rotary heads must 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 
recommended spacing deration provided must be designed and installed in 
conformance with the average spacing wind derating information provided by two 
other manufacturers of like equipment for that size nozzle and pressure. 
(d) Minimum standards for precipitation rate. 
(1) Landscape irrigation systems using spray or rotary heads that are installed 
in precipitation zone #1, as defined in sec.344.1 of this title (relating to 
Definitions), must be designed and/or installed to provide a minimum 
precipitation rate of .25 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 #2, as defined in sec.344.1 of this title (relating to 
Definitions), must 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 #3, as defined in sec.344.1 of this title (relating to 
Definitions), must 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 #4, as defined in sec.344.1 of this title (relating to 
Definitions), must 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 standards for depth coverage of piping. Irrigation systems using 
spray or rotary heads must be designed and/or installed according to the 
manufacturer recommended specifications for depth coverage of piping, unless one 
of the following circumstances is encountered. 
(1) If the manufacturer has no recommended specifications for depth coverage of 
piping, the irrigation system must be designed and/or installed to provide a 
minimum of six inches of coverage over piping. 
(2) If utilities, structures, or tree roots are encountered, the irrigation 
system must be designed and/or installed to provide a minimum of two inches of 
coverage over piping. 
(f) Minimum standards for wiring irrigation systems. 
(1) The wiring used in an irrigation system that connects section valves to 
controllers must be Underwriters Laboratories listed for direct underground 
burial. 
(2) The wiring used in an irrigation system that connects section valves to 
controllers must be sized according to the manufacturer's recommendation. 
(3) Direct burial wire splices used in an irrigation system must be waterproof 
as per manufacturer recommendation. 
(g) Water conservation devices. The installer should discuss with the purchaser 
of an irrigation system, including drip irrigation, water conservation devices 
and irrigation scheduling as a component of the design and installation of the 
irrigation system. All such components of an irrigation system shall be 
installed following the manufacturer's recommended practices for the specific 
types of equipment. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607830
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER E.Complaint Process
30 TAC sec.sec.344.80-344.85 
The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 
5.120, and 34.006 which provide the Texas Natural Resource Conservation 
Commission (commission) with the authority to promulgate rules as necessary to 
carry out its powers and duties under the codes and under the laws of the state 
and to establish and approve all general policies of the commission. 

sec.344.80.Complaint.
(a) Any person with personal knowledge of any probable violation of the Texas 
Water Code Chapter 34, these rules, or commission order, may file a complaint 
with the executive director. The complaint must be in writing and must set forth 
the facts alleged. 
(b) A written complaint should include the name and address of the person 
against whom the complaint is filed and the alleged facts: the alleged facts 
should be in detail including, but not limited to actual address of the job site 
of repair and/or installation. 

sec.344.81.Executive Director's Receipt of Complaint. 
(a) Upon the receipt of a complaint, the executive director may send one copy of 
the complaint by certified mail to the respondent. 
(b) If a complaint filed with the executive director does not allege sufficient 
facts upon which the executive director can determine the basis for enforcement 
of Texas Water Code Chapter 34 or the rules of the commission, the executive 
director may immediately notify the complainant. 

sec.344.82.Investigation of Complaint.
(a) The executive director may investigate each complaint that alleges 
sufficient facts upon which the executive director can determine the basis for 
enforcement of Texas Water Code Chapter 34, rules, or order of the commission. 
(b) The executive director may investigate the matters complained of and may 
take steps to secure the respondent's voluntary compliance with the Texas Water 
Code Chapter 34, and these sections, or otherwise informally resolve the matter. 
(c) Upon completion of the investigation, the executive director may file a 
written report including a detailed description of the investigation and any 
informal resolution. 

sec.344.83.Informal Resolution of Complaint. Where the executive director 
determines that a complaint is informally resolved, the executive director will 
so inform the complainant and respondent in writing.

sec.344.84.Enforcement.
(a) If the executive director determines through investigation of a complaint 
that evidence exists of a violation of the Texas Water Code Chapter 34, rules, 
or order of the commission, the executive director may initiate an enforcement 
action pursuant to Chapters 70 and 80 of this title (relating to Enforcement and 
Contested Cases Hearings). 
(b) The commission may issue orders to enforce the provisions of this chapter in 
accordance with the procedures applicable to orders issued under sec.34.011 of 
Chapter 34 of the Texas Water Code and in accordance with procedures in Chapters 
70 and 80 of this title (relating to Enforcement and Contested Cases Hearings). 

sec.344.85.Surrender of Certificate and Identification Card; Seal. Upon 
notification of revocation of a licensed irrigator's or licensed installer's 
registration by the commission, the affected irrigator or installer must 
immediately surrender the certificate of registration and identification card to 
the executive director and must cease using the official seal and any rubber 
stamp facsimile of the seal in the irrigator's possession.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607731
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER F.Standards of Conduct for Licensed Irrigators and Installers
30 TAC sec.sec.344.90-344.96 
The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 
5.120, and 34.006 which provide the Texas Natural Resource Conservation 
Commission (commission) with the authority to promulgate rules as necessary
to carry out its powers and duties under the codes and under the laws of the 
state and to establish and approve all general policies of the commission. 

sec.344.90.Purpose of Standards.
(a) The correct practice of irrigation as a profession is essential for the 
protection and conservation of the water resources of the state. The 
installation of irrigation systems should be conducted by individuals with high 
ethical standards. The legislature has vested in the commission the authority 
and duty to establish and enforce standards of professional conduct and ethics 
for practitioners of the irrigation industry. These standards of conduct have 
been adopted by the commission to ensure compliance with and enforcement of the 
statutory charge to the commission. 
(b) Every applicant for registration as a licensed irrigator or installer must 
become fully informed of the obligations and responsibilities inherent in the 
practice of irrigation as outlined by these standards of conduct. Each licensed 
irrigator or installer is deemed to have notice of these standards of conduct, 
and will be required to abide by the standards.

sec.344.91.Intent.
(a) These standards of conduct are established to prescribe responsibility and 
knowledge on the part of the irrigator and installer and to aid in governing the 
irrigation industry. 
(b) The commission will determine what actions constitute violations of the 
standards and institute appropriate disciplinary action which may lead to 
monetary penalties and/or the suspension or revocation of a license in 
accordance with the applicable state statutes.

sec.344.92.Proficiency in Field of Irrigation; Representation of Qualifications.
(a) Competence in the performance of services of a licensed irrigator or 
installer 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 or installer must accurately and truthfully represent 
to a prospective client their qualifications and capabilities of resources to 
perform the services requested and must not perform services for which they are 
not qualified by experience or knowledge in the technical field involved.

sec.344.93.Advertisement.
(a) A licensed irrigator or installer must display the registration number in 
the form of "LI________" in block letters at least two inches high, on both 
sides of all vehicles used by them or by their employees for installation, 
service, or repair of irrigation systems. 
(b) All advertisements, including business cards, of a licensed irrigator must 
display the registration number in the form of "LI___________."
(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. 
(d) The name, mailing address, and telephone number of the commission must be 
prominently displayed on any sign in plain view at the place of business of a 
licensed irrigator or licensed installer for purposes of directing complaints.

sec.344.94.Contracts.
(a) A licensed irrigator's agreement to install an irrigation system, if in 
writing, must specify their name, license number, business address and telephone 
number, date that the agreement was signed by each party, total agreed price, 
and the design number or a copy of the design. If there is no written design, 
the agreement must contain a brief description of the major components of the 
system to be installed. Such agreement must also provide the name, mailing 
address, and telephone number of the commission for the purpose of directing 
complaints to the executive director. 
(b) All written contracts and bills to install irrigation systems must include 
the statement: "Irrigation in Texas is regulated by the Texas Natural Resource 
Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087."  
(c) If there is no written agreement for irrigation installation, the irrigator 
must provide a written document to the other party that includes the statement: 
"Irrigation in Texas is regulated by the Texas Natural Resource Conservation 
Commission, P.O. Box 13087, Austin, Texas 78711-3087." 

sec.344.95.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 must be noted on 
the design, the written agreement, the bill for installation, or the document 
described in sec.344.94(c) of this title (relating to Contracts). 
(b) Adequate design and specifications of an irrigation system to be installed 
are the responsibility of the licensed irrigator who designs or supervises the 
designing of the system regardless of whether a fee is collected for the design 
work. 
(c) The design must include a statement of area coverage of the irrigation 
system, and any system which does not provide complete coverage must be so noted 
on the design, the written agreement, the bill for installation, or the document 
described in sec.344.94(c) of this title (relating to Contracts). 

sec.344.96.Warranties. On all installations of new irrigation systems (i.e., 
excluding remodeling and renovation) a licensed irrigator must present the 
customer a written statement of guarantees for materials and labor furnished in 
the installation of the irrigation system.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607732
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER C.Application for Registration
30 TAC sec.sec.344.101, 344.104, 344.107, 344.110, 344.113, 344.116, 344.119, 
344.122 
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607735
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER D.Examinations
30 TAC sec.sec.344.141, 344.144, 344.147, 344.150, 344.153, 344.156, 344.159, 
344.162 
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607856
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER E.Certificate of Registration
30 TAC sec.sec.344.201, 344.204, 344.207, 344.210, 344.213, 344.216, 344.219, 
344.222, 344.225 
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607855
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER F.Seal
30 TAC sec.sec.344.241, 344.244, 344.247, 344.250, 344.253
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607736
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER G.Standards for Water Supply Connection
30 TAC sec.sec.344.301-344.304, 344.306, 344.308
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607737
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER H.Complaint Process
30 TAC sec.sec.344.401-344.405, 344.407, 344.410-344.411, 344.413-344.419 
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607861
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER I.Revocation of Registration
30 TAC sec.344.444
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607738
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER J.Penalty
30 TAC sec.sec.344.451, 344.453, 344.455
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607727
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

SUBCHAPTER K.Standards of Conduct for Irrigators and Installers 
30 TAC sec.sec.344.501-344.507
The repeals are adopted under Texas Water Code, sec.5.103 which provides the 
commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the provisions of the Texas Water Code and other laws of 
this state. Additionally, these repeals are adopted pursuant to Texas Water 
Code, Chapter 34, which provides the commission with the authority to regulate 
the landscape irrigation industry and adopt rules consistent with the general 
intent and purposes of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on May 31, 1996.
TRD-9607728
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: June 28, 1996
Proposal publication date: December 12, 1995
For further information, please call: (512) 239-4640

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART II. Texas Parks and Wildlife Dept.
CHAPTER 65. Wildlife
SUBCHAPTER I. Angelina-Neches Scientific Area Number 1
31 TAC sec.sec.65.231-65.236
The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, 
May 9, 1996, adopted repeal of 31 TAC sec.sec.65.231-65.236, concerning 
Angelina-Neches Scientific Area #1, without changes to proposed text as 
published in the April 5, 1996, issue of the Texas Register (20 TexReg 2989). 
The provisions of these sections have been incorporated into 31 TAC Chapter 65, 
Subchapter H, concerning the Public Hunting Lands Hunting and Fishing 
Proclamation. This action renders sec.sec.65.231-65.236 redundant. The repeals 
remove redundant sections from the Texas Administrative Code. The department 
received no comment concerning the proposed repeals.
The repeals are adopted under Parks and Wildlife Code, sec.sec.13.101-13.111, 
and sec.sec.81.501-81.506. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on May 28, 1996.
TRD-9607419
Bill Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: June 18, 1996
Proposal publication date: April 5, 1996
For further information, please call: (512) 389-4642

TITLE 34. PUBLIC FINANCE
PART I. Comptroller of Public Accounts
CHAPTER 5.Funds Management (Fiscal Affairs)
Claims Processing - Travel Vouchers 
34 TAC sec.5.22 
The Comptroller of Public Accounts adopts an amendment to sec.5.22, concerning 
incorporation by reference: "State of Texas Travel Allowance Guide," without 
changes to the proposed text as published in the April 23, 1996, issue of the 
Texas Register (21 TexReg 3506).
The amendment is necessary to reflect the issuance of a new "State of Texas 
Travel Allowance Guide" by the comptroller. The new guide reflects changes made 
by the 74th Legislature, 1995, to the Travel Regulations Act and to the travel 
regulations of the General Appropriations Act. The new guide also includes 
revised policies that are intended to promote efficiency and eliminate 
ambiguities concerning the travel of state officers and employees. Chapter 10 of 
the new guide lists the major differences between it and the previous guide. A 
copy of the new guide is available upon request from Claims Division, P.O. Box 
13528, Austin, Texas 78711.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, sec.660.021, which requires 
the comptroller to adopt rules to administer the travel regulations of the 
Travel Regulations Act and of the General Appropriations Act.
The amendment implements the Government Code, sec.sec.660.001-660.055 and the 
General Appropriations Act, Article IX, sec.4 and sec.sec.12-18. 

sec.5.22.Incorporation by Reference: "State of Texas Travel Allowance Guide." 
(Government Code, sec.sec.660.001-660.055; General Appropriations Act, Article 
IX, sec.4 and sec.sec.12-18). The "State of Texas Travel Allowance Guide" and 
its errata, which were issued by the comptroller on February 29, 1996, and filed 
with the secretary of state, are incorporated by reference as a section. The 
guide and the errata are published by the comptroller in Austin, Texas, and 
copies may be obtained from the comptroller upon request.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 4, 1996.
TRD-9607764
Martin Cherry
Chief, General Law Section 
Comptroller of Public Accounts
Effective date: June 25, 1996
Proposal publication date: April 23, 1996
For further information, please call: (512) 463-4028

CHAPTER 7. Prepaid Higher Education Tuition Program
SUBCHAPTER I. Refunds, Termination
34 TAC sec.7.82
The Prepaid Higher Education Tuition Board and the Comptroller of Public 
Accounts adopts an amendment to sec.7.82, concerning termination of prepaid 
tuition contract, without changes to the proposed text as published in the 
February 27, 1996, issue of the Texas Register (21 TexReg 1485).
The amendment revises the rule to provide that in instances where the 
Beneficiary is at least 18 years of age, or has graduated high school or 
attained high school equivalency certification, only the Beneficiary may 
terminate the Contract.  
The change is made in an attempt to ensure that purchasers of prepaid tuition 
contracts do not suffer adverse federal tax consequences in connection with the 
purchase of those contracts. The staff of the Prepaid Tuition Board (Board) has 
been advised that the ability to terminate the contract and receive a refund in 
an amount exceeding the total of all payments into the Fund for the terminated 
contract could be viewed by the Internal Revenue Service as creating the 
potential for adverse federal tax consequences to the purchaser. This potential 
is eliminated if only the beneficiary is authorized to terminate the contract in 
this situation. 
Written comments have been received from three individuals opposing the rule 
amendment. One commenter expressed the view that 18 year old beneficiaries are 
at an "inappropriate age" to have control of a prepaid tuition contract, and 
stated that continued parental control of the disposition of the contract was 
necessary. The other two commenters expressed concern about possible forfeiture 
of contract rights if the beneficiary does not redeem or terminate the contract 
within ten years of matriculation. These commenters expressed the view that the 
contract purchaser should retain control of the contract even after the 
beneficiary reaches age 18. 
The Board declines to withdraw the proposed rule amendment, or to modify the 
amendment. The board is acting on the advice of outside expert advisors, and the 
proposed amendment is designed to eliminate or reduce the potential for adverse 
federal income tax consequences for contract purchasers. The Board believes it 
has a responsibility to address this potential consequence, and desires 
primarily to enhance the value of the contract rights afforded to contract 
purchasers. Further, the Board believes other provisions of the program rules 
provide contract purchasers with adequate rights and remedies to address the 
concerns raised by the commenters. Given these other provisions, the Board 
believes the need to address the potential income tax consequences outweighs the 
concerns expressed by the commenters. The Board believes it important to adopt 
the rule amendment without change. 
This amendment is adopted under the Education Code, Chapter 54, Subchapter F, 
sec.54.618, which authorizes the board to adopt rules for the necessary for the 
implementation of Prepaid Higher Education Tuition Program.  
The amendment implements the Education Code, Chapter 54, Subchapter F. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 3, 1996.
TRD-9607660
Martin E. Cherry 
Chief, General Law Section
Comptroller of Public Accounts
Effective date: June 24, 1996
Proposal publication date: February 27, 1996
For further information, please call: (512) 463-4028

PART II. Texas State Treasury Department
CHAPTER 15. Electronic Transfer of Certain Payments to State Agencies
34 TAC sec.sec.15.1-15.7
The Texas State Treasury adopts the repeal of 34 TAC sec.sec.15.1-15.17 
concerning the Electronic Transfer of Certain Payments to State Agencies without 
changes to the proposed text as published in the April 26, 1996, issue of the 
Texas Register (21 TexReg 3596). The repeal is adopted because new rules are 
being adopted concurrently with the repeal of the old rules. The new rules are 
consistent with changes to Texas Government Code sec.404.095 and are needed to 
clarify requirements for the electronic transfer of payments to state agencies. 
The rules should reduce the economic cost to individuals who are required to 
comply with the rules through a reduction in paperwork and the automation of 
payments.
The rules provide guidelines for determining which state agencies and which 
persons are subject to the rules. They allow for the assessment of penalties for 
the failure to comply with the rules. The rules also provide technical 
guidelines and information regarding electronic funds transfer to all state 
agencies and all persons subject to the rules.
No comments were received regarding adoption of the repeals.
The repeals are adopted under Texas Government Code sec.404.095 which provides 
the Treasurer the authority to adopt rules regarding electronic funds transfer.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority.
Issued in Austin, Texas, on June 4, 1996.
TRD-9607804
James R. Howell
General Counsel
Texas State Treasury Department
Effective date: June 25, 1996.
Proposal publication date: April 26, 1996
For further information, please call: (512) 463-5971

34 TAC sec.sec.15.1 - 15.18
The Texas State Treasury adopts new 34 TAC sec.sec.15.1-15.18 concerning the 
Electronic Transfer of Certain Payments to State Agencies, without changes to 
the proposed text as published in the April 26, 1996, issue of the Texas 
Register (21 TexReg 3597). The new rules are consistent with changes to Texas 
Government Code 404.095 and are needed to clarify requirements for the 
electronic transfer of payments to state agencies. The rules should reduce the 
economic cost to individuals who are required to comply with the rules through a 
reduction in paperwork and the automation of payments.
The rules provide guidelines for determining which state agencies and which 
persons are subject to the rules. They allow for the assessment of penalties for 
the failure to comply with the rules. The rules also provide technical 
guidelines and information regarding electronic funds transfer to all state 
agencies and all persons subject to the rules.
No comments were received regarding adoption of the new rules.
The new rules are adopted under Texas Government Code sec.404.095 which provides 
the Treasurer the authority to adopt rules regarding electronic funds transfer.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
Issued in Austin, Texas, on June 4, 1996.
TRD-9607803
James R. Howell
General Counsel
Texas State Treasury Department
Effective Date: June 25, 1996
Proposal publication date: April 26, 1996
For further information, please call: (512) 463-5971