(a) All contracts to install an irrigation system must
be in writing and signed by each party and must specify the irrigator's
name, license number, business address, current business telephone
numbers, the date that each party signed the agreement, the total
agreed price, and must contain the statement, "Irrigation in Texas
is regulated by the Texas Commission on Environmental Quality (TCEQ),
MC-235, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is:
www.tceq.texas.gov." All contracts must include the irrigator's seal,
signature, and date.
(b) All written estimates, proposals, bids, and invoices
relating to the installation or repair of an irrigation system(s)
must include the irrigator's name, license number, business address,
current business telephone number(s), and the statement: "Irrigation
in Texas is regulated by the Texas Commission on Environmental Quality
(TCEQ) (MC-235), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's
website is: www.tceq.texas.gov."
(c) An individual who agrees by contract to provide
irrigation services as defined in §344.30 of this title (relating
to License Required) shall hold an irrigator license issued under
Chapter 30 of this title (relating to Occupational Licenses and Registrations)
unless the contract is a pass-through contract as defined in §344.1(36)
of this title (relating to Definitions). If a pass-through contract
includes irrigation services, then the irrigation portion of the contract
can only be performed by a licensed irrigator. If an irrigator installs
a system pursuant to a pass-through contract, the irrigator shall
still be responsible for providing the irrigation system's owner or
owner's representative a copy of the warranty and all other documents
required under this chapter. A pass-through contract must identify
by name and license number the irrigator that will perform the work
and must provide a mechanism for contacting the irrigator for irrigation
system warranty work.
(d) The contract must include the dates that the warranty
is valid.
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