1. (a) Purpose. The purpose of these sections is to establish water saving performance standards and labeling requirements for sink and lavatory faucets, shower heads, drinking water fountains, urinals, toilets, and flushometer toilets that are manufactured, imported, or otherwise supplied for sale in the State of Texas, and to establish labeling requirements for commercial or residential clothes-washing and dishwashing machines and lawn sprinklers to assist the consumer in making an informed purchasing decision. These sections apply to manufacturers, importers, and major suppliers of plumbing fixtures, who sell, offer for sale, distribute, or import plumbing fixtures into the state. These sections do not apply to plumbing fixtures manufactured in the State for sale outside of the state.
2. (b) Authority. The authority for these sections is the Health and Safety Code, Chapter 372, titled Environmental Performance Standards for Plumbing Fixtures.

3. (c) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) ANSI--The American National Standards Institute.
   2. (2) ASME--The American Society of Mechanical Engineers.
   3. (3) Commission--The Texas Natural Resource Conservation Commission.
   4. (4) Executive director--The executive director of the Texas Natural Resource Conservation Commission.
   5. (5) Importer--A business or individual that brings into the state plumbing fixtures from other countries or states for resale or installation (other than for their own domicile) within the state.
   6. (6) Major supplier--A business or individual that provides plumbing fixtures to others for resale or installation (other than for their own domicile) within the state.
   7. (7) Manufacturer--Someone that makes plumbing fixtures.
   8. (8) Model--A type or design of a plumbing fixture.
   9. (9) Order--A request to purchase plumbing fixtures from a manufacturer, major supplier, or importer.
   10. (10) Plumbing fixture--A sink faucet, lavatory faucet, faucet aerator, shower head, urinal, toilet, flush valve toilet, or drinking water fountain.
   11. (11) Toilet--A toilet or water closet except a wall-mounted toilet that employs a flushometer valve.
   12. (12) APA--The Administrative Procedure Act.

Source Note:The provisions of this §290.251 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935.