Tex. Health & Safety Code Section 341.039
Standards for Graywater and Alternative Onsite Water


(a)

The commission by rule shall adopt and implement minimum standards for the indoor and outdoor use and reuse of treated graywater and alternative onsite water for:

(1)

irrigation and other agricultural purposes;

(2)

domestic use, to the extent consistent with Subsection (c);

(3)

commercial purposes; and

(4)

industrial purposes.

(a-1)

The standards adopted by the commission under Subsection (a)(2) must allow the use of graywater and alternative onsite water for toilet and urinal flushing.

(b)

The standards adopted by the commission under Subsection (a) must assure that the use of graywater or alternative onsite water is not a nuisance and does not threaten human health or damage the quality of surface water and groundwater in this state.

(b-1)

The commission by rule may adopt and implement rules providing for the inspection and annual testing of a graywater or alternative onsite water system by the commission.

(b-2)

The commission shall develop and make available to the public a regulatory guidance manual to explain the rules adopted under this section.

(c)

The commission may not require a permit for the domestic use of less than 400 gallons of graywater or alternative onsite water each day if the water:

(1)

originates from a private residence;

(2)

is used by the occupants of that residence for gardening, composting, landscaping, or indoor use as allowed by rule, including toilet or urinal flushing, at the residence;

(3)

is collected using a system that may be diverted into a sewage collection or on-site wastewater treatment and disposal system;

(4)

is, if required by rule, stored in surge tanks that:

(A)

are clearly labeled as nonpotable water;

(B)

restrict access, especially to children; and

(C)

eliminate habitat for mosquitoes and other vectors;

(5)

uses piping clearly identified as a nonpotable water conduit, including identification through the use of purple pipe, purple tape, or similar markings;

(6)

is generated without the formation of ponds or pools of graywater or alternative onsite water;

(7)

does not create runoff across the property lines or onto any paved surface; and

(8)

is distributed by a surface or subsurface system that does not spray into the air.

(d)

Each builder is encouraged to:

(1)

install plumbing in new housing in a manner that provides the capacity to collect graywater or alternative onsite water from all allowable sources; and

(2)

design and install a subsurface graywater or alternative onsite water system around the foundation of new housing in a way that minimizes foundation movement or cracking.

(e)

In this section:

(1)

“Alternative onsite water” means rainwater, air-conditioner condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission.

(2)

“Graywater” means wastewater from clothes-washing machines, showers, bathtubs, hand-washing lavatories, and sinks that are not used for disposal of hazardous or toxic ingredients. The term does not include wastewater:

(A)

that has come in contact with toilet waste;

(B)

from the washing of material, including diapers, soiled with human excreta; or

(C)

from sinks used for food preparation or disposal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 233, Sec. 2, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.16, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 689, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 545 (H.B. 1902), Sec. 1, eff. June 16, 2015.

Source: Section 341.039 — Standards for Graywater and Alternative Onsite Water, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­341.­htm#341.­039 (accessed Jun. 5, 2024).

341.001
Definitions
341.002
Rules for Sanitation and Health Protection
341.011
Nuisance
341.012
Abatement of Nuisance
341.013
Garbage, Refuse, and Other Waste
341.014
Disposal of Human Excreta
341.015
Sanitation of Ice Plants
341.016
Sanitation of Businesses
341.017
Sanitation Facilities for Railroad Maintenance-of-way Employees
341.018
Rodent Control
341.019
Mosquito Control on Uninhabited Residential Property
341.031
Public Drinking Water
341.032
Drinking Water Provided by Common Carrier
341.033
Protection of Public Water Supplies
341.034
Licensing and Registration of Persons Who Perform Duties Relating to Public Water Supplies
341.035
Approved Plans Required for Public Water Supplies
341.036
Sanitary Defects at Public Drinking Water Supply Systems
341.037
Protection of Bodies of Water from Sewage
341.038
Protection of Impounded Water from Disease-bearing Mosquitoes
341.039
Standards for Graywater and Alternative Onsite Water
341.040
Definition
341.041
Fees
341.042
Standards for Harvested Rainwater
341.046
Nonapplicability of Subchapter F
341.047
Criminal Penalty
341.048
Civil Enforcement
341.049
Administrative Penalty
341.050
Penalties Cumulative
341.061
Toilet Facilities
341.062
Public Buildings
341.063
Sanitation of Bus Line, Airline, and Coastwise Vessel
341.064
Swimming Pools, Artificial Swimming Lagoons, and Bathhouses
341.065
School Buildings and Grounds
341.066
Tourist Courts, Hotels, Inns, and Rooming Houses
341.067
Fairgrounds, Public Parks, and Amusement Centers
341.068
Restroom Availability Where the Public Congregates
341.069
Access to Restroom Facilities
341.081
Authority of Home-rule Municipalities Not Affected
341.082
Appointment of Environmental Health Officer in Certain Home-rule Municipalities
341.091
Criminal Penalty
341.092
Civil Enforcement
341.0315
Public Drinking Water Supply System Requirements
341.0316
Desalination of Marine Seawater for Drinking Water
341.0351
Notification of System Changes
341.0352
Advertised Quality of Water Supply
341.0353
Drinking Water Supply Comparative Rating Information
341.0354
Highway Signs for Approved System Rating
341.0355
Financial Assurance for Certain Systems
341.0356
Order to Stop Operations
341.0357
Identification Requirement for Device with Appearance of Fire Hydrant that Is Nonfunctioning or Unavailable for Use in Fire Emergency
341.0358
Public Safety Standards
341.0359
Fire Hydrant Flow Standards
341.0391
Direct Potable Reuse Guidance
341.0485
Water Utility Improvement Account
341.0645
Pool Safety
341.0646
Child Water Safety Requirements for Certain Organizations
341.0695
Interactive Water Features and Fountains
341.03571
Identification Requirement for Certain Fire Hydrants and Flush Valves in Certain Municipalities
341.03585
Fire Hydrant Flow and Pressure Standards in Certain Municipalities

Accessed:
Jun. 5, 2024

§ 341.039’s source at texas​.gov