Tex. Gov't Code Section 2166.404
Xeriscape on New Construction


(a)

The commission, in consultation with the Texas Natural Resource Conservation Commission, the Texas Department of Transportation, and the Industry Advisory Committee, by rule shall adopt guidelines for the required use of xeriscape on state property associated with the construction of a new state building, structure, or facility that begins on or after January 1, 1994, including a project otherwise exempt from this chapter under Section 2166.003 (Exceptions).

(b)

The guidelines adopted under this section must:

(1)

establish standards for landscape design, installation, and maintenance that result in water conservation, including the use of appropriate plants, soil analysis, compost, efficient irrigation systems, and other water-conserving practices;

(2)

identify beneficial plant species;

(3)

specify the maximum percentage of turf and the maximum percentage of impervious surface allowed in a xeriscaped area;

(4)

establish standards for selection and installation of turf;

(5)

establish standards for land clearing;

(6)

require preservation of existing native vegetation identified as beneficial; and

(7)

establish a monitoring program to ensure implementation of and compliance with this section.

(c)

The Industry Advisory Committee is composed of nine members who are Texas residents appointed by the commission. Three members must be nursery-product growers, three members must be turf-growers, and three members must be landscape contractors. The commission shall make appointments from a list of recommendations submitted to the commission by the Texas Association of Nurserymen for the nursery-product-grower positions, the Texas Turf Association for the turf-grower positions, and the Texas Association of Landscape Contractors for the landscape-contractor positions. Appointments are for staggered three-year terms arranged so that one person from each group is appointed each year. The appointments to the committee must reflect this state’s gender and ethnic diversity.

(d)

In this section, “xeriscape” means a landscaping method that maximizes the conservation of water by using plants that are appropriate to the site and efficient water-use techniques. The term includes:

(1)

planning and design;

(2)

appropriate choice of plants;

(3)

soil analysis;

(4)

soil improvement using compost;

(5)

efficient and appropriate irrigation;

(6)

practical use of turf;

(7)

appropriate use of mulches; and

(8)

proper maintenance.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Source: Section 2166.404 — Xeriscape on New Construction, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2166.­htm#2166.­404 (accessed Jun. 5, 2024).

2166.001
Definitions
2166.002
Applicability of Chapter
2166.003
Exceptions
2166.004
Additional Exceptions
2166.005
Commission Participation in Other Building Projects
2166.006
Legal Representation of Commission
2166.007
Venue
2166.051
Administering Agency
2166.052
Acquisition and Disposition of Property
2166.053
Contract Authority
2166.054
Title to and Control of Buildings
2166.055
Eminent Domain
2166.056
Grant of Easement, Franchise, License, or Right-of-way
2166.057
Coordination of Multiagency Projects
2166.058
Assistance by Other Agencies
2166.059
Assignment of Commission Employee to Other Agency
2166.060
Site Selection and Construction in Texas Municipalities
2166.061
General Commission Oversight During Construction
2166.062
Rulemaking Authority
2166.063
Federal Requirements
2166.101
Compilation of Construction and Maintenance Information
2166.102
Long-range Plan for State Agency Space Needs
2166.103
Findings on Space Needs
2166.105
Capitol Complex Master Plan
2166.106
Review of Proposed Capitol Complex Master Plan by Partnership Advisory Commission
2166.107
Comprehensive Planning and Development Process
2166.108
Comprehensive Capital Improvement and Deferred Maintenance Plan
2166.151
Using Agency’s General Project Description
2166.152
Preparation of Project Analysis
2166.153
Contents of Project Analysis
2166.154
Use of Project Analysis or Cost Estimate in Appropriations Process
2166.155
Estimate of Project Costs in Lieu of Project Analysis
2166.156
Preparation of Preliminary and Working Plans and Specifications
2166.157
Accounting for Project Analysis Expenses
2166.202
Selection of Private Design Professional
2166.203
Interview Notification to Private Design Professional
2166.204
Using Agency Recommendations
2166.205
Compensation of Private Design Professional
2166.206
Information Furnished by State
2166.251
Legislative Authorizations and Appropriations
2166.252
Modifying Project to Conform to Appropriations
2166.253
Lowest and Best Bid Method
2166.254
Review of Certain Bids by Historical Commission
2166.255
Amount of Contract
2166.256
Acquisition of Items Not Furnished Under Construction Contract
2166.257
Contract Payment Administration
2166.258
Common Surety or Insurer
2166.259
Small Contractor Participation Assistance Program
2166.260
Approval of Certain Expenditures Required
2166.301
Exceptions
2166.302
Adoption of Conditions
2166.303
Uniform Trench Safety Conditions
2166.304
Pre-bid Conference
2166.305
Review of Uniform General Conditions
2166.351
Definitions
2166.352
Categories of Inspection
2166.353
Detailed Inspection
2166.354
General Inspection
2166.355
Professional Inspection
2166.356
Final Inspection
2166.401
Evaluation of Energy Alternatives
2166.402
Energy or Water Conservation Standards for Entities Otherwise Excluded from Chapter
2166.403
Alternative Energy and Energy-efficient Architectural and Engineering Design in New Building Construction
2166.404
Xeriscape on New Construction
2166.405
Xeriscape Phase-in
2166.406
Energy Savings Performance Contracts
2166.408
Evaluation of Architectural and Engineering Design Alternatives
2166.451
Acquisition of Historic Structures
2166.452
Acquisition of Existing Building as Alternative to New Construction
2166.453
Acquisition of Real Property as Alternative to Leasing Space
2166.454
Purchasing or Obtaining More Favorable Lease with Option to Purchase Agreements with Regard to Certain Leased Space
2166.501
Monuments and Memorials
2166.502
Contracts with Texas Historical Commission
2166.503
Acquisition of Archaeological, Paleontological, and Historic Sites
2166.551
Child Care Facility in State Building
2166.552
Fine Arts Projects
2166.553
Acquisition and Construction of Buildings for Health and Human Services Agencies
2166.554
Lease of Federal Property for Department of Public Safety
2166.1065
Review of Capitol Complex Master Plan by State Preservation Board and General Land Office
2166.2525
Determination of Contracting Method
2166.2551
Contract Notification
2166.4541
Entering into More Favorable Lease with Option to Purchase Agreements
2166.4542
Purchasing Certain Leased Space
2166.5011
Removal, Relocation, or Alteration of a Monument or Memorial

Accessed:
Jun. 5, 2024

§ 2166.404’s source at texas​.gov