SRC-JRN H.B. 3059 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3059
By: King (Wentworth)
Natural Resources
5-17-97
Engrossed


DIGEST 

During the 74th Legislature, the speaker of the Texas House of
Representatives charged the House Committee on Natural Resources to
conduct an interim study to review the on-site wastewater treatment
program, and identify measures to decentralize state authority, and
increase local government participation.  The House Committee on Natural
Resources was further charged to report findings and recommendations from
this study to the 75th Legislature.  This bill addresses findings and
recommendations from the House Committee on Natural Resources regarding
the interim study of the on-site wastewater program in Texas. 

PURPOSE

As proposed, H.B. 3059 addresses findings and recommendations from the
House Committee on Natural Resources regarding the interim study of the
on-site wastewater program in Texas. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 366.002(5) and (7), to redefine "local
governmental entity," and "on-site sewage disposal system." 

SECTION 2. Amends Chapter 366A, Health and Safety Code, by adding Section
366.005, as follows: 

Sec. 366.005. NOTICE OF UTILITY SERVICE CONNECTIONS.  Sets forth
provisions relating to the compiled weekly list of addresses located in an
unincorporated area of the county at which the electric utility has made
new electric service connections during the preceding week.  Sets forth
provisions relating to electric utilities.  Provides that information
provided by a utility under this section is confidential and not subject
to disclosure under Chapter 552, Government Code, or otherwise, except as
provided by this section.  Defines "electric utility." 

SECTION 3. Amends Section 366.017(a), Health and Safety Code, to authorize
the Texas Natural Resource Conservation Commission (commission) or
authorized agency to require a property owner to repair a malfunctioning
on-site sewage disposal system on the owner's property, by a certain date,
if the owner has not been notified of the malfunctioning system during the
preceding 12 months. Sets forth provisions for the commission to require a
property owner to repair a malfunctioning onsite sewage disposal system by
the 10th and 20th day after the owner is notified, if certain conditions
apply. 

SECTION 4. Amends Chapter 366D, Health and Safety Code, by adding Section
366.0515, as follows: 

Sec. 366.0515.  MAINTENANCE CONTRACT AND PERFORMANCE BOND.  Prohibits an
authorized agent or the commission from conditioning a permit or the
approval of a permit for an on-site sewage disposal system using aerobic
treatment for a single-family  residence located in a county with a
population of less than 40,000 on the system's owner contracting for the
maintenance of the system.  Authorizes the commission or the agent to
condition approval of a permit for an on-site sewage disposal system on
the system's owner contracting for the maintenance of the system, except
as provided by Subsection (a).  Sets forth provisions relating to
maintenance contracts and performance bonds. 

SECTION 5. Amends Section 366.092(a), Health and Safety Code, to authorize
an authorized agent or, at the request of the commission, the attorney
general to bring a civil suit, if certain conditions exist. 

SECTION 6. Amends Section 366.0922, Health and Safety Code, as follows:

Sec. 366.0922.  New heading:  COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT
REQUEST.  Authorizes a local government to request that the commission
initiate an enforcement action under this chapter through a petition filed
with the commission.  Deletes a provision requiring the commission to be
the sole authority designated to initiate an enforcement action under
Sections 366.092, 366.0921, and 366.0924. 

SECTION 7. Amends Section 366.0923, Health and Safety Code, to make a
conforming change. 

SECTION 8. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 9. Emergency clause.