SRC-MAX S.B. 1554 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1554
By: Ogden
Natural Resources
3-31-97
As Filed


DIGEST 

Currently, the Texas Natural Resource Conservation Commission (TNRCC) has
identified faulty septic tank systems, located over aquifer recharge
zones, as major pollutants to aquifers.  TNRCC would like to close these
septic tanks systems and have properties dispose of sewage through a
municipal sewer system.  However, the construction costs incurred under
such a process are high. This bill provides  an alternative funding option
that qualifying municipalities could provide to property owners under
certain conditions. 

PURPOSE

As proposed, S.B. 1554 allows municipalities to preserve water quality by
constructing sewer lines that connect private property currently using
septic tank systems to main sewer laterals and closing or removing septic
tank systems. 

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 Chapter 402Z, Local Government Code, by adding  Section
402.906, as follows: 

Sec.  402.906.  CONSTRUCTION OF WATER OR WASTEWATER IMPROVEMENTS TO
PRESERVE WATER QUALITY OF AQUIFER.  (a)  Provides that this section
applies only to territory located in a municipality or in the
extraterritorial jurisdiction of a municipality and located over the
recharge zone of an aquifer that provides all or part of the water supply
of the municipality.   

(b)  Authorizes the municipality or a person with whom the municipality
contracts to perform certain functions to preserve the quality of the
aquifer.   

(c)  Requires the municipality to assess the cost of the water or
wastewater improvements under Subsection (b)(1) or Subsections (b)(1) and
(b)(2), as applicable, against the property on which the lateral is
located.  Provides that a lien attaches to the property for the cost of
the improvements.   

(d)  Requires the municipality to give notice to the property owner and
obtain the property owner's written consent to the activity to be
performed and to the amount of the assessment.   

(e)  Requires the notice to state certain information.  Requires the
municipality to give the notice to the owner by personal delivery or by
depositing the notice in the Untied States mail with postage prepaid.   

(f)  Requires the owner's written consent to provide certain information
in order to be considered valid.   

 (g)  Requires the municipality to file the written consent of the
property owner with the municipal clerk or secretary.  

(h)  Requires a contract to be awarded in compliance with the competitive
bidding requirements applicable to the municipality under certain
conditions.  Requires the provisions of the contract to comply with any
law applicable to the construction of public improvements by the
municipality. Authorizes the contract to be changed as necessary for the
successful completion of the work, but prohibits the contract price from
increasing by more than a certain amount.   

(i)  Requires the municipality to issue a certificate certifying that the
work has been completed and the cost of the improvements, when the work is
completed.  Requires the municipality to file the certificate with the
county clerk of the county in which the property is located and to deliver
a copy of the certificate to the property owner. 

(j)  Requires the property owner, on a certain date, to pay the
municipality a certain amount.  Requires the municipality to issue a
release on the assessment and lien upon payment of the principal amount
and accrued interest.  Authorizes the release to be filed for record as
provided by law. 

(k)  Authorizes the municipality to enforce the lien on the property under
certain conditions. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.