By King H.B. No. 3059
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of on-site sewage disposal facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 366.002(5) and (7), Health and Safety
1-5 Code, are amended to read as follows:
1-6 (5) "Local governmental entity" means a municipality,
1-7 county, river authority, or special district, including an
1-8 underground water district, [and a] soil and water conservation
1-9 district, or public health district.
1-10 (7) "On-site sewage disposal system" means one or more
1-11 systems of treatment devices and disposal facilities that:
1-12 (A) produce not more than 5,000 gallons of waste
1-13 each day; and
1-14 (B) are used only for disposal of sewage
1-15 produced on a [the] site on which any part of [where] the system is
1-16 located.
1-17 SECTION 2. Subchapter A, Chapter 366, Health and Safety
1-18 Code, is amended by adding Section 366.005 to read as follows:
1-19 Sec. 366.005. NOTICE OF UTILITY SERVICE CONNECTIONS. (a)
1-20 An electric utility shall compile a list weekly for each county in
1-21 this state of the addresses located in an unincorporated area of
1-22 the county at which the electric utility has made new electric
1-23 service connections during the preceding week. The electric
1-24 utility shall submit the list to the county judge of the county who
2-1 shall forward the list to each authorized agent having jurisdiction
2-2 over an area in which an address on the list is included. The
2-3 authorized agent may use the list for the purpose of implementing
2-4 and enforcing rules under this chapter. This section does not
2-5 apply to a reconnection of service to a location previously served.
2-6 (b) An electric utility may not be held liable for a claim
2-7 arising from the provision of information under this section.
2-8 (c) Information provided by a utility under this section is
2-9 confidential and not subject to disclosure under Chapter 552,
2-10 Government Code, or otherwise, except as provided by this section.
2-11 (d) In this section, "electric utility" means an
2-12 investor-owned utility, electric cooperative corporation, river
2-13 authority, or municipally owned utility that provides distribution
2-14 service to retail customers of electricity.
2-15 SECTION 3. Section 366.017(a), Health and Safety Code, is
2-16 amended to read as follows:
2-17 (a) The commission or authorized agent may require a
2-18 property owner to repair a malfunctioning on-site sewage disposal
2-19 system on the owner's property:
2-20 (1) not later than the 30th day after the date on
2-21 which the owner is notified by the commission or authorized agent
2-22 of the malfunctioning system if the owner has not been notified of
2-23 the malfunctioning system during the preceding 12 months;
2-24 (2) not later than the 20th day after the date on
2-25 which the owner is notified by the commission or authorized agent
2-26 of the malfunctioning system if the owner has been notified of the
2-27 malfunctioning system once during the preceding 12 months; or
3-1 (3) not later than the 10th day after the date on
3-2 which the owner is notified by the commission or authorized agent
3-3 of the malfunctioning system if the owner has been notified of the
3-4 malfunctioning system at least twice during the preceding 12
3-5 months.
3-6 SECTION 4. Subchapter D, Chapter 366, Health and Safety
3-7 Code, is amended by adding Section 366.0515 to read as follows:
3-8 Sec. 366.0515. MAINTENANCE CONTRACT AND PERFORMANCE BOND.
3-9 (a) An authorized agent or the commission may not condition a
3-10 permit or the approval of a permit for an on-site sewage disposal
3-11 system using aerobic treatment for a single-family residence
3-12 located in a county with a population of less than 40,000 on the
3-13 system's owner contracting for the maintenance of the system.
3-14 (b) Except as provided by Subsection (a), an authorized
3-15 agent by order or resolution or the commission by rule may
3-16 condition approval of a permit for an on-site sewage disposal
3-17 system on the system's owner contracting for the maintenance of the
3-18 system. If a maintenance contract is required, the owner of the
3-19 on-site sewage disposal system must submit to the permitting
3-20 authority:
3-21 (1) a signed contract for the maintenance of the
3-22 on-site sewage disposal system; and
3-23 (2) if the on-site sewage disposal system is located
3-24 in a county with a population of more than 2.8 million, a
3-25 performance bond obtained from the person with whom the owner of
3-26 the on-site sewage disposal system has contracted for maintenance
3-27 of the system.
4-1 (c) A performance bond required by Subsection (b) must be:
4-2 (1) solely for the protection of the owner of the
4-3 on-site sewage disposal system;
4-4 (2) conditioned on the faithful performance of the
4-5 maintenance of the on-site sewage disposal system in accordance
4-6 with plans, specifications, laws, regulations, and ordinances of
4-7 the state and the authorized agent;
4-8 (3) in an amount reasonably related to the cost that
4-9 the owner of the on-site sewage disposal system would incur if the
4-10 maintenance company did not adhere to maintenance standards or
4-11 comply with applicable statutes, rules, or ordinances;
4-12 (4) executed by a corporate surety in accordance with
4-13 Section 1, Chapter 87, Acts of the 56th Legislature, Regular
4-14 Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);
4-15 (5) in a form approved by the permitting authority;
4-16 and
4-17 (6) payable to the owner of the on-site sewage
4-18 disposal system.
4-19 (d) If the owner of the on-site sewage disposal system
4-20 enters into a new maintenance contract or revises the original
4-21 maintenance contract, the owner must submit a copy of the new or
4-22 revised maintenance contract and a new performance bond to the
4-23 permitting authority not later than the 30th day after the date on
4-24 which the original contract terminates or is modified.
4-25 (e) The permitting authority may establish and collect a
4-26 reasonable fee to cover the cost of administering the performance
4-27 bond program.
5-1 (f) The installer of an on-site sewage disposal system shall
5-2 provide the owner of the system with information regarding
5-3 maintenance of the system at the time the system is installed.
5-4 (g) The owner of a single-family residence located in a
5-5 county with a population of less than 40,000 shall maintain the
5-6 system directly or through a maintenance contract. If the owner
5-7 elects to maintain the system directly, the owner must obtain
5-8 training in system maintenance from the authorized agent or the
5-9 installer.
5-10 SECTION 5. Section 366.092(a), Health and Safety Code, is
5-11 amended to read as follows:
5-12 (a) If it appears that a person has violated, is violating,
5-13 or is threatening to violate any provision of this chapter, or any
5-14 rule, permit, or other order of the commission issued pursuant to
5-15 this chapter, an authorized agent or, at the request of the
5-16 commission, [may request] the attorney general may [to] bring a
5-17 civil suit for:
5-18 (1) mandatory or prohibitory injunctive relief, as
5-19 warranted by the facts;
5-20 (2) a civil penalty as provided by this chapter; or
5-21 (3) both injunctive relief and civil penalty.
5-22 SECTION 6. Section 366.0922, Health and Safety Code, is
5-23 amended to read as follows:
5-24 Sec. 366.0922. COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT
5-25 REQUEST [DESIGNATED SOLE AUTHORITY TO ENFORCE]. A [The commission
5-26 shall be the sole authority designated to initiate an enforcement
5-27 action under Sections 366.092, 366.0921, and 366.0924. However, a]
6-1 local government may request that the commission initiate an
6-2 enforcement action under this chapter [pursuant to these sections]
6-3 through a petition filed with the commission. If the commission
6-4 chooses to initiate an enforcement action on behalf of a local
6-5 government, civil penalties recovered shall be divided between the
6-6 local government and the state based on the proportion of resources
6-7 expended by each entity in the course of enforcement action.
6-8 SECTION 7. Section 366.0923, Health and Safety Code, is
6-9 amended to read as follows:
6-10 Sec. 366.0923. FEES AND COSTS RECOVERABLE. If an authorized
6-11 agent or the state prevails in a suit under this subchapter, it may
6-12 recover reasonable attorney's fees, court costs, and reasonable
6-13 investigative costs incurred in relation to the proceeding.
6-14 SECTION 8. (a) This Act takes effect September 1, 1997.
6-15 (b) The change in law made by Section 366.0515, Health and
6-16 Safety Code, as added by this Act, requiring submission of a
6-17 performance bond applies only to an application for a permit for an
6-18 on-site sewage disposal system that is filed on or after September
6-19 1, 1997, with the Texas Natural Resource Conservation Commission or
6-20 with an authorized agent designated by the commission under Section
6-21 366.031, Health and Safety Code.
6-22 SECTION 9. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended.