| (a) The licensing requirements of this chapter do not
apply to a person who:
(1) is licensed by a plumbing licensing authority in
the state of Texas and is working within the scope provided by the
plumbing laws;
(2) is registered or licensed as a professional engineer
or architect or landscape architect if the work is related to the
pursuit of the profession;
(3) is under the direct supervision of a licensed irrigator
and assists in the installation, maintenance, alteration, repair,
or service of an irrigation system; or
(4) is an owner of a business that employs a licensed
irrigator to supervise the business' sale, design, consultation, installation,
maintenance, alteration, repair, and service of irrigation systems.
For the purpose of this subchapter, employs means steadily, uniformly,
or habitually working in an employer-employee relationship with the
intent to earn a livelihood, as opposed to working casually or occasionally.
(b) The licensing requirements of this chapter do not
apply to:
(1) irrigation or yard sprinkler work that is performed
by a property owner in a building or on premises owned or occupied
by the owner as the owner's home;
(2) irrigation or yard sprinkler repair work, other
than extension of an existing irrigation or yard sprinkler system
or installation of a replacement system that is:
(A) performed by a maintenance person who does not
act as an irrigator or engage in yard sprinkler construction or maintenance
for the public; and
(B) incidental to and on premises owned by the business
in which the person is regularly employed or engaged;
(3) irrigation or yard sprinkler work that is performed:
(A) by a regular employee of a railroad who does not
act as an irrigator or engage in yard sprinkler construction or maintenance
for the public; and
(B) on the premises or equipment of the railroad;
(4) irrigation and yard sprinkler work that is performed
on public property by a person who is regularly employed by a county,
city, town, special district, or political subdivision of the state;
(5) irrigation or yard sprinkler work that is performed
by a person using a garden hose, hose sprinkler, hose-end product,
including soaker hose, or agricultural irrigation system;
(6) an activity that includes a commercial agricultural
irrigation system;
(7) irrigation or yard sprinkler work that is performed
by an agriculturist, agronomist, horticulturist, forester, gardener,
contract gardener, garden or lawn caretaker, nurseryman, or grader
or cultivator of land on land owned by the individual performing the
work;
(8) irrigation or yard sprinkler work that is performed
by a member of a property owners' association as defined by Texas
Property Code, §202.001, on real property owned by the association
or in common by the members of the association if the irrigation or
yard sprinkler system water real property that is less than 1/2 acre
in size and is used for aesthetic or recreational purposes.
(c) A person who is exempt from the license requirements
of this subchapter shall comply with the standards established by
Chapter 344 of this title (relating to Landscape Irrigation). The
term irrigation system does not include a system used on or by an
agricultural operation as defined in Texas Agriculture Code, §251.002.
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| Source Note: The provisions of this §30.129 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective December 9, 2020, 45 TexReg 8775 |
