74R9101 MI-F
By Jackson H.B. No. 1826
Substitute the following for H.B. No. 1826:
By Yost C.S.H.B. No. 1826
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the approval of disposal system plans by the Texas
1-3 Natural Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.034, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 26.034. Approval of Disposal System Plans. (a) The
1-8 commission may, on a case-by-case basis, <shall> review and
1-9 approve plans and specifications for <all> treatment facilities,
1-10 sewer systems, and disposal systems that transport, treat, or
1-11 dispose of primarily domestic wastes.
1-12 (b) Before beginning construction, every person who proposes
1-13 to construct or materially alter the efficiency of any treatment
1-14 works to which this section applies shall submit completed plans
1-15 and specifications to the commission <for review and approval>.
1-16 (c) The commission by rule shall adopt standards to
1-17 determine which plans and specifications the commission will review
1-18 for approval.
1-19 (d) Subject to Subsections (e) and (f), the commission may
1-20 not require plans and specifications for a sewer system that
1-21 transports primarily domestic waste to be submitted from:
1-22 (1) a municipality, if:
1-23 (A) the municipality has its own internal
1-24 engineering review staff;
2-1 (B) the plans and specifications subject to
2-2 review are prepared by private engineering consultants; and
2-3 (C) the review is conducted by a registered
2-4 professional engineer who is an employee of the municipality
2-5 separate from the private engineering consultant charged with the
2-6 design of the plans and specifications under review; or
2-7 (2) an entity that is required by local ordinance to
2-8 submit the plans and specifications for review and approval to a
2-9 municipality.
2-10 (e) If the municipality's registered professional engineer
2-11 described in Subsection (d)(1) reviews the plans and specifications
2-12 and makes a finding that the plans and specifications, in the best
2-13 professional judgment of the registered professional engineer, are
2-14 in substantial compliance with commission standards, review and
2-15 approval by the commission is not required. If the municipality's
2-16 registered professional engineer finds that the plans and
2-17 specifications are not in compliance with commission standards, the
2-18 plans and specifications must be submitted to the commission.
2-19 (f) If the commission finds that a municipality's review and
2-20 approval is not in substantial compliance with commission
2-21 standards, the commission shall require all plans and
2-22 specifications reviewed by the municipality under Subsections (d)
2-23 and (e) to be submitted to the commission for review and approval
2-24 <The commission shall approve the plans and specifications if they
2-25 conform to the waste discharge requirements and water quality
2-26 standards established by the commission>.
2-27 SECTION 2. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.