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.