1-1  By:  Jackson (Senate Sponsor - Brown)                 H.B. No. 1826
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 17, 1995, read first time and referred to Committee on Natural
    1-4  Resources; May 19, 1995, reported favorably, as amended, by the
    1-5  following vote:  Yeas 8, Nays 1; May 19, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Brown
    1-7  Amend CSHB 1826, SECTION 1, by adding a new subsection (g) to read
    1-8  as follows:
    1-9        (g)  A person who disposes of domestic waste through a
   1-10  disposal system approved pursuant to this Section and who purchases
   1-11  water from a regulated water supply system or public water system
   1-12  through a master meter and who submeters the water pursuant to the
   1-13  laws of this state is not a "water supply system" nor a "public
   1-14  water system".
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the approval of disposal system plans by the Texas
   1-18  Natural Resource Conservation Commission.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Section 26.034, Water Code, is amended to read as
   1-21  follows:
   1-22        Sec. 26.034.  Approval of Disposal System Plans.  (a)  The
   1-23  commission may, on a case-by-case basis,  <shall> review and
   1-24  approve plans and specifications for <all> treatment facilities,
   1-25  sewer systems, and disposal systems that transport, treat, or
   1-26  dispose of primarily domestic wastes.
   1-27        (b)  Before beginning construction, every person who proposes
   1-28  to construct or materially alter the efficiency of any treatment
   1-29  works to which this section applies shall submit completed plans
   1-30  and specifications to the commission <for review and approval>.
   1-31        (c)  The commission by rule shall adopt standards to
   1-32  determine which plans and specifications the commission will review
   1-33  for approval.  If the commission excludes certain plans and
   1-34  specifications from review and approval, the commission shall
   1-35  require that a registered professional engineer submit the plans to
   1-36  the commission and make a finding that the plans and specifications
   1-37  are in substantial compliance with commission standards and that
   1-38  any deviation from those standards is based on the best
   1-39  professional judgment of the registered professional engineer.
   1-40        (d)  Except as provided by Subsection (e), the commission may
   1-41  not require plans and specifications for a sewer system that
   1-42  transports primarily domestic waste to be submitted to the
   1-43  commission from:
   1-44              (1)  a municipality if:
   1-45                    (A)  the municipality has its own internal
   1-46  engineering review staff;
   1-47                    (B)  the plans and specifications subject to
   1-48  review are prepared by private engineering consultants; and
   1-49                    (C)  the review is conducted by a registered
   1-50  professional engineer who is an employee of or consultant to the
   1-51  municipality separate from the private engineering consultant
   1-52  charged with the design of the plans and specifications under
   1-53  review; or
   1-54              (2)  an entity that is required by local ordinance to
   1-55  submit the plans and specifications for review and approval to a
   1-56  municipality.
   1-57        (e)  If the commission finds that a municipality's review and
   1-58  approval process does not provide for substantial compliance with
   1-59  commission standards, the commission shall require all plans and
   1-60  specifications reviewed by the municipality under Subsection (d) to
   1-61  be submitted to the commission for review and approval  <The
   1-62  commission shall approve the plans and specifications if they
   1-63  conform to the waste discharge requirements and water quality
   1-64  standards established by the commission>.
   1-65        SECTION 2.  The importance of this legislation and the
   1-66  crowded condition of the calendars in both houses create an
   1-67  emergency and an imperative public necessity that the
   1-68  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended,
    2-2  and that this Act take effect and be in force from and after its
    2-3  passage, and it is so enacted.
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