By: King of Uvalde H.B. No. 3717       A BILL TO BE ENTITLED   AN ACT   relating to programs to provide incentives for conserving water in   outdoor landscapes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 3, Agriculture Code, is amended by adding   Chapter 46A to read as follows:   CHAPTER 46A. LANDSCAPE AND IRRIGATION INCENTIVE PROGRAMS          Sec. 46A.001.  DEFINITIONS. In this chapter:                (1)  "Evapotranspiration" means the loss of water to   evaporation and plant transpiration.                (2)  "Governmental entity" means a state agency or   political subdivision.                (3)  "Irrigation application" means the duration,   frequency, and time of irrigation.                (4)  "Landscape incentive program" means a program that   provides monetary incentives to encourage the replacement of a lawn   with landscaping that requires less water to maintain than the   existing lawn, such as landscaping that includes drought-resistant   plants.                (5)  "Retail public utility" has the meaning assigned   by Section 13.002, Water Code.          Sec. 46A.002.  DEPARTMENT LISTS OF PLANTS AND LANDSCAPE   INCENTIVE PROGRAMS. (a)   The department shall establish, maintain,   and publish a list of publicly funded programs in this state that   encourage the replacement of a lawn with landscaping that requires   less water to maintain than the existing lawn.           (b)  A governmental entity or retail public utility that   operates a landscape incentive program that is wholly or partly   funded with public money shall register the program with the   department for inclusion on the list described by Subsection (a).          (c)  To provide information for administrators of and   participants in landscape incentive programs in this state, the   department shall establish, maintain, and publish for each type of   climate in this state a list of types of grasses and other plants   that the department determines can sustain healthy growth in that   climate with minimal irrigation.          (d)  The department may adopt rules as necessary to implement   this section.           Sec. 46A.003.  IRRIGATION INCENTIVE PROGRAMS. A   governmental entity or retail public utility that operates a   landscape incentive program that is wholly or partly funded with   public money may, except as otherwise provided by other law,   provide as part of the program monetary incentives for the purchase   and installation of irrigation or sprinkler controllers that make   periodic adjustments to irrigation applications based on weather   conditions, evapotranspiration rates, and soil moisture levels for   the purpose of conserving water by applying irrigation only in an   amount necessary to sustain the healthy growth of the irrigated   plants, such as:                (1)  evapotranspiration-based controllers;                (2)  smart irrigation controllers;                (3)  smart sprinkler controllers; and                (4)  weather-based irrigation controllers.          SECTION 2.  This Act takes effect September 1, 2017.