75R13123 SMH-D                           

         By King                                               H.B. No. 3059

         Substitute the following for H.B. No. 3059:

         By King                                           C.S.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 for a single-family residence located on a tract of land of

3-12     more than one-half acre in a county with a population of fewer than

3-13     100,000 on the system's owner contracting for the maintenance of

3-14     the system.

3-15           (b)  Except as provided by Subsection (a), an authorized

3-16     agent or the commission may not approve a permit for an on-site

3-17     sewage disposal system unless the owner of the on-site sewage

3-18     disposal system has submitted to the permitting authority:

3-19                 (1)  a signed contract for the maintenance of the

3-20     on-site sewage disposal system; and

3-21                 (2)  if the on-site sewage disposal system is located

3-22     in a county with a population of more than 2.8 million, a

3-23     performance bond obtained from the person with whom the owner of

3-24     the on-site sewage disposal system has contracted for maintenance

3-25     of the system.

3-26           (c)  A performance bond required by Subsection (b) must be:

3-27                 (1)  solely for the protection of the owner of the

 4-1     on-site sewage disposal system;

 4-2                 (2)  conditioned on the faithful performance of the

 4-3     maintenance of the on-site sewage disposal system in accordance

 4-4     with plans, specifications, laws, regulations, and ordinances of

 4-5     the state and the authorized agent;

 4-6                 (3)  in an amount reasonably related to the cost that

 4-7     the owner of the on-site sewage disposal system  would incur if the

 4-8     maintenance company did not adhere to maintenance standards or

 4-9     comply with applicable statutes, rules, or ordinances;

4-10                 (4)  executed by a corporate surety in accordance with

4-11     Section 1, Chapter 87, Acts of the 56th Legislature, Regular

4-12     Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);

4-13                 (5)  in a form approved by the permitting authority;

4-14     and

4-15                 (6)  payable to the owner of the on-site sewage

4-16     disposal system.

4-17           (d)  If the owner of the on-site sewage disposal system

4-18     enters into a new maintenance contract or revises the original

4-19     maintenance contract, the owner must submit a copy of the new or

4-20     revised maintenance contract and a new performance bond to the

4-21     permitting authority not later than the 30th day after the date on

4-22     which the original contract terminates or is modified.

4-23           (e)  The permitting authority may establish and collect a

4-24     reasonable fee to cover the cost of administering the performance

4-25     bond program.

4-26           SECTION 5.  Section 366.092(a), Health and Safety Code, is

4-27     amended to read as follows:

 5-1           (a)  If it appears that a person has violated, is violating,

 5-2     or is threatening to violate any provision of this chapter, or any

 5-3     rule, permit, or other order of the commission issued pursuant to

 5-4     this chapter, an authorized agent or, at the request of the

 5-5     commission, [may request] the attorney general may [to] bring a

 5-6     civil suit for:

 5-7                 (1)  mandatory or prohibitory injunctive relief, as

 5-8     warranted by the facts;

 5-9                 (2)  a civil penalty as provided by this chapter; or

5-10                 (3)  both injunctive relief and civil penalty.

5-11           SECTION 6.  Section 366.0922, Health and Safety Code, is

5-12     amended to read as follows:

5-13           Sec. 366.0922.  COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT

5-14     REQUEST [DESIGNATED SOLE AUTHORITY TO ENFORCE].  A [The commission

5-15     shall be the sole authority designated to initiate an enforcement

5-16     action under Sections 366.092, 366.0921, and 366.0924.  However, a]

5-17     local government may request that the commission initiate an

5-18     enforcement action under this chapter [pursuant to these sections]

5-19     through a petition filed with the commission.  If the commission

5-20     chooses to initiate an enforcement action on behalf of a local

5-21     government, civil penalties recovered shall be divided between the

5-22     local government and the state based on the proportion of resources

5-23     expended by each entity in the course of enforcement action.

5-24           SECTION 7.  Section 366.0923, Health and Safety Code, is

5-25     amended to read as follows:

5-26           Sec. 366.0923.  FEES AND COSTS RECOVERABLE.  If an authorized

5-27     agent or the state prevails in a suit under this subchapter, it may

 6-1     recover reasonable attorney's fees, court costs, and reasonable

 6-2     investigative costs incurred in relation to the proceeding.

 6-3           SECTION 8.  (a)  This Act takes effect September 1, 1997.

 6-4           (b)  The change in law made by Section 366.0515, Health and

 6-5     Safety Code, as added by this Act, requiring submission of a

 6-6     performance bond applies only to an application for a permit for an

 6-7     on-site sewage disposal system that is filed on or after September

 6-8     1, 1997, with the Texas Natural Resource Conservation Commission or

 6-9     with an authorized agent designated by the commission under Section

6-10     366.031, Health and Safety Code.

6-11           SECTION 9.  The importance of this legislation and the

6-12     crowded condition of the calendars in both houses create an

6-13     emergency and an imperative public necessity that the

6-14     constitutional rule requiring bills to be read on three several

6-15     days in each house be suspended, and this rule is hereby suspended.