By McDonald H.B. No. 1550
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal penalties provided for violations of rules
1-3 adopted by the Texas Board of Health or its authorized agents
1-4 regarding on-site sewage disposal systems.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 366.091, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 366.091. Criminal Penalties. (a) A person commits an
1-9 offense if the person violates Section 366.071.
1-10 (b) A person commits an offense if the person violates a
1-11 rule adopted by the board under this chapter, or an order or
1-12 resolution adopted by an authorized agent under Subchapter C in a
1-13 county that is contiguous to an international border.
1-14 (c) <(b)> A person commits an offense if the person begins
1-15 to construct, alter, repair, or extend an on-site sewage disposal
1-16 system owned by another person before the owner of the system
1-17 obtains a permit to construct, alter, repair, or extend the on-site
1-18 sewage disposal system as required by Subchapter D.
1-19 (d) <(c)> An emergency repair to an on-site sewage disposal
1-20 system without a permit in accordance with the rules adopted under
1-21 Section 366.012(a)(1)(C) is not an offense under this section if a
1-22 written statement describing the need for the repair is provided to
1-23 the department or its authorized agent not later 72 hours after the
2-1 repair is begun.
2-2 (e) <(d)> An offense under this section is a class c
2-3 misdemeanor <punishable by a fine of not less than $50 or more than
2-4 >þL$200ää unless it is shown on the trial of the defendant that the
2-5 defendant has previously been convicted of an offense under this
2-6 chapter, in which event the offense is punishable by:
2-7 (1) a fine of not less than $125 or more than $500;
2-8 (2) confinement in jail for not more than one month;
2-9 or
2-10 (3) both the fine and confinement.
2-11 (f) <(e)> Each day of a continuing violation is a separate
2-12 offense.
2-13 SECTION 2. (a) The change in law made by this Act applies
2-14 only to an offense committed on or after the effective date of this
2-15 Act. For purposes of this section, an offense is committed before
2-16 the effective date of this Act if any element of the offense occurs
2-17 before that date.
2-18 (b) An offense committed before the effective date of this
2-19 Act is covered by the law in effect when the offense was committed,
2-20 and that law is continued in effect for this purpose.
2-21 SECTION 3. This Act takes effect September 1, 1993.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.