By King H.B. No. 3059
75R8835 SMH-F
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 B, Chapter 366, Health and Safety
1-18 Code, is amended by adding Section 366.018 to read as follows:
1-19 Sec. 366.018. DEDICATED ACCOUNTS. (a) The commission
1-20 occupational licensing account is created as a dedicated account in
1-21 the general revenue fund. The commission shall deposit a fee
1-22 collected by the commission under this subchapter or Subchapter E
1-23 to the credit of the account.
1-24 (b) The water resource management account is created as a
2-1 dedicated account in the general revenue fund. The commission
2-2 shall deposit a fee collected by the commission under Subchapter D
2-3 to the credit of the account.
2-4 (c) Money in the commission occupational licensing account
2-5 or water resource management account may be used only by the
2-6 commission to administer this chapter or rules adopted under this
2-7 chapter.
2-8 SECTION 3. Section 366.092(a), Health and Safety Code, is
2-9 amended to read as follows:
2-10 (a) If it appears that a person has violated, is violating,
2-11 or is threatening to violate any provision of this chapter, or any
2-12 rule, permit, or other order of the commission issued pursuant to
2-13 this chapter, an authorized agent or, at the request of the
2-14 commission, [may request] the attorney general may [to] bring a
2-15 civil suit for:
2-16 (1) mandatory or prohibitory injunctive relief, as
2-17 warranted by the facts;
2-18 (2) a civil penalty as provided by this chapter; or
2-19 (3) both injunctive relief and civil penalty.
2-20 SECTION 4. Section 366.0922, Health and Safety Code, is
2-21 amended to read as follows:
2-22 Sec. 366.0922. COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT
2-23 REQUEST [DESIGNATED SOLE AUTHORITY TO ENFORCE]. A [The commission
2-24 shall be the sole authority designated to initiate an enforcement
2-25 action under Sections 366.092, 366.0921, and 366.0924. However, a]
2-26 local government may request that the commission initiate an
2-27 enforcement action under this chapter [pursuant to these sections]
3-1 through a petition filed with the commission. If the commission
3-2 chooses to initiate an enforcement action on behalf of a local
3-3 government, civil penalties recovered shall be divided between the
3-4 local government and the state based on the proportion of resources
3-5 expended by each entity in the course of enforcement action.
3-6 SECTION 5. Section 366.0923, Health and Safety Code, is
3-7 amended to read as follows:
3-8 Sec. 366.0923. FEES AND COSTS RECOVERABLE. If an authorized
3-9 agent or the state prevails in a suit under this subchapter, it may
3-10 recover reasonable attorney's fees, court costs, and reasonable
3-11 investigative costs incurred in relation to the proceeding.
3-12 SECTION 6. This Act takes effect September 1, 1997.
3-13 SECTION 7. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.