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.