Texas § 2166.404 XERISCAPE ON NEW CONSTRUCTION.

Texas Statutes

§ 2166.404 — XERISCAPE ON NEW CONSTRUCTION.

Texas § 2166.404

Code GVGovernment Code

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Bluebook

Tex. Government Code Code Ann. § 2166.404 (2026).

Text

Sec. 2166.404. XERISCAPE ON NEW CONSTRUCTION.

(a)The commission, in consultation with the Texas Commission on Environmental Quality, 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 .

(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)iden

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Sec. 2166.404. XERISCAPE ON NEW CONSTRUCTION. (a) The commission, in consultation with the Texas Commission on Environmental Quality, 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 .
(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.

Legislative History

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766 ), Sec. 13, eff. September 1, 2025.