Tex. Health & Safety Code Section 341.042
Standards for Harvested Rainwater


(a)

The commission shall establish recommended standards relating to the domestic use of harvested rainwater, including health and safety standards for treatment and collection methods for harvested rainwater intended for drinking, cooking, or bathing.

(b)

The commission by rule shall provide that if a structure has a rainwater harvesting system and uses a public water supply for an auxiliary water source, the structure must have appropriate cross-connection safeguards.

(b-1)

A privately owned rainwater harvesting system with a capacity of more than 500 gallons that has an auxiliary water supply shall have a backflow prevention assembly or an air gap installed at the storage facility for the harvested rainwater to ensure physical separation between the rainwater harvesting system and the auxiliary water supply. A rainwater harvesting system that meets the requirements of this subsection is considered connected to a public water supply system only for purposes of compliance with minimum water system capacity requirements as determined by commission rule.

(b-2)

A person who installs and maintains rainwater harvesting systems that are connected to a public water supply system and are used for potable purposes must be licensed by the Texas State Board of Plumbing Examiners as a master plumber or journeyman plumber and hold an endorsement issued by the board as a water supply protection specialist.

(b-3)

A person who intends to use a public water supply system as an auxiliary water source must give written notice of that intention to the municipality in which the rainwater harvesting system is located or the owner or operator of the public water supply system. The public water supply system used as an auxiliary water source may be connected only to the water storage tank and may not be connected to the plumbing of a structure.

(b-4)

A municipally owned water or wastewater utility, a municipality, or the owner or operator of a public water supply system may not be held liable for any adverse health effects allegedly caused by the consumption of water collected by a rainwater harvesting system that is connected to a public water supply system and is used for potable purposes if the municipally owned water or wastewater utility, municipality, or public water supply system is in compliance with the sanitary standards for drinking water applicable to the municipally owned water or wastewater utility, municipality, or public water supply system.

(b-5)

A municipality or the owner or operator of a public water supply system may not be held liable for any adverse health effects allegedly caused by the consumption of water collected by a rainwater harvesting system that uses a public water supply system or an auxiliary water source and is used for potable purposes if the municipality or the public water supply system is in compliance with the sanitary standards for drinking water adopted by the commission and applicable to the municipality or public water supply system.

(c)

Standards and rules adopted by the commission under this chapter governing public drinking water supply systems do not apply to a person:

(1)

who harvests rainwater for domestic use; and

(2)

whose property is not connected to a public drinking water supply system.
Added by Acts 2005, 79th Leg., Ch. 627 (H.B. 2430), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 11, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.28, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 349 (H.B. 3372), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1240 (S.B. 1073), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 8, eff. September 1, 2013.

Source: Section 341.042 — Standards for Harvested Rainwater, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­341.­htm#341.­042 (accessed May 4, 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:
May 4, 2024

§ 341.042’s source at texas​.gov