1-1 By: McDonald, et al. (Senate Sponsor - Zaffirini) H.B. No. 1550
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 7, 1993, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; May 7, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to criminal penalties provided for violations regarding
1-22 on-site sewage disposal systems.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 366.091, Health and Safety Code, is
1-25 amended to read as follows:
1-26 Sec. 366.091. Criminal Penalties. (a) A person commits an
1-27 offense if the person violates Section 366.071.
1-28 (b) A person commits an offense if the person violates a
1-29 rule adopted by the board under this chapter or an order or
1-30 resolution adopted by an authorized agent under Subchapter C in a
1-31 county that is contiguous to an international border.
1-32 (c) A person commits an offense if the person begins to
1-33 construct, alter, repair, or extend an on-site sewage disposal
1-34 system owned by another person before the owner of the system
1-35 obtains a permit to construct, alter, repair, or extend the on-site
1-36 sewage disposal system as required by Subchapter D.
1-37 (d) <(c)> An emergency repair to an on-site sewage disposal
1-38 system without a permit in accordance with the rules adopted under
1-39 Section 366.012(a)(1)(C) is not an offense under this section if a
1-40 written statement describing the need for the repair is provided to
1-41 the department or its authorized agent not later than 72 hours
1-42 after the repair is begun.
1-43 (e) <(d)> An offense under this section is a Class C
1-44 misdemeanor <punishable by a fine of not less than $50 or more than
1-45 $100> unless it is shown on the trial of the defendant that the
1-46 defendant has previously been convicted of an offense under this
1-47 chapter, in which event the offense is punishable by:
1-48 (1) a fine of not less than $125 or more than $500;
1-49 (2) confinement in jail for not more than one month;
1-50 or
1-51 (3) both the fine and confinement.
1-52 (f) <(e)> Each day of a continuing violation is a separate
1-53 offense.
1-54 SECTION 2. (a) The change in law made by this Act applies
1-55 only to an offense committed on or after the effective date of this
1-56 Act. For purposes of this section, an offense is committed before
1-57 the effective date of this Act if any element of the offense occurs
1-58 before that date.
1-59 (b) An offense committed before the effective date of this
1-60 Act is covered by the law in effect when the offense was committed,
1-61 and that law is continued in effect for this purpose.
1-62 SECTION 3. This Act does not affect the transfer of powers,
1-63 duties, rights, and obligations made by Chapter 3, Acts of the 72nd
1-64 Legislature, 1st Called Session, 1991.
1-65 SECTION 4. This Act takes effect September 1, 1993.
1-66 SECTION 5. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *
2-4 Austin,
2-5 Texas
2-6 May 7, 1993
2-7 Hon. Bob Bullock
2-8 President of the Senate
2-9 Sir:
2-10 We, your Committee on Natural Resources to which was referred H.B.
2-11 No. 1550, have had the same under consideration, and I am
2-12 instructed to report it back to the Senate with the recommendation
2-13 that it do pass and be printed.
2-14 Sims,
2-15 Chairman
2-16 * * * * *
2-17 WITNESSES
2-18 FOR AGAINST ON
2-19 ___________________________________________________________________
2-20 Name: Erich A. Morales x
2-21 Representing: El Paso County
2-22 City: El Paso
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