73R6876 MI-F
By McDonald, et al. H.B. No. 1550
Substitute the following for H.B. No. 1550:
By Eckels C.S.H.B. No. 1550
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal penalties provided for violations regarding
1-3 on-site sewage disposal systems.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 366.091, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 366.091. Criminal Penalties. (a) A person commits an
1-8 offense if the person violates Section 366.071.
1-9 (b) A person commits an offense if the person violates a
1-10 rule adopted by the board under this chapter or an order or
1-11 resolution adopted by an authorized agent under Subchapter C in a
1-12 county that is contiguous to an international border.
1-13 (c) A person commits an offense if the person begins to
1-14 construct, alter, repair, or extend an on-site sewage disposal
1-15 system owned by another person before the owner of the system
1-16 obtains a permit to construct, alter, repair, or extend the on-site
1-17 sewage disposal system as required by Subchapter D.
1-18 (d) <(c)> An emergency repair to an on-site sewage disposal
1-19 system without a permit in accordance with the rules adopted under
1-20 Section 366.012(a)(1)(C) is not an offense under this section if a
1-21 written statement describing the need for the repair is provided to
1-22 the department or its authorized agent not later than 72 hours
1-23 after the repair is begun.
2-1 (e) <(d)> An offense under this section is a Class C
2-2 misdemeanor <punishable by a fine of not less than $50 or more than
2-3 $100> unless it is shown on the trial of the defendant that the
2-4 defendant has previously been convicted of an offense under this
2-5 chapter, in which event the offense is punishable by:
2-6 (1) a fine of not less than $125 or more than $500;
2-7 (2) confinement in jail for not more than one month;
2-8 or
2-9 (3) both the fine and confinement.
2-10 (f) <(e)> Each day of a continuing violation is a separate
2-11 offense.
2-12 SECTION 2. (a) The change in law made by this Act applies
2-13 only to an offense committed on or after the effective date of this
2-14 Act. For purposes of this section, an offense is committed before
2-15 the effective date of this Act if any element of the offense occurs
2-16 before that date.
2-17 (b) An offense committed before the effective date of this
2-18 Act is covered by the law in effect when the offense was committed,
2-19 and that law is continued in effect for this purpose.
2-20 SECTION 3. This Act does not affect the transfer of powers,
2-21 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
2-22 Legislature, 1st Called Session, 1991.
2-23 SECTION 4. This Act takes effect September 1, 1993.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.