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.