1-1 By: King (Senate Sponsor - Wentworth) H.B. No. 3059
1-2 (In the Senate - Received from the House May 15, 1997;
1-3 May 16, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of on-site sewage disposal facilities.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 366.002(5) and (7), Health and Safety
1-11 Code, are amended to read as follows:
1-12 (5) "Local governmental entity" means a municipality,
1-13 county, river authority, or special district, including an
1-14 underground water district, [and a] soil and water conservation
1-15 district, or public health district.
1-16 (7) "On-site sewage disposal system" means one or more
1-17 systems of treatment devices and disposal facilities that:
1-18 (A) produce not more than 5,000 gallons of waste
1-19 each day; and
1-20 (B) are used only for disposal of sewage
1-21 produced on a [the] site on which any part of [where] the system is
1-22 located.
1-23 SECTION 2. Subchapter A, Chapter 366, Health and Safety
1-24 Code, is amended by adding Section 366.005 to read as follows:
1-25 Sec. 366.005. NOTICE OF UTILITY SERVICE CONNECTIONS. (a)
1-26 An electric utility shall compile a list weekly for each county in
1-27 this state of the addresses located in an unincorporated area of
1-28 the county at which the electric utility has made new electric
1-29 service connections during the preceding week. The electric
1-30 utility shall submit the list to the county judge of the county who
1-31 shall forward the list to each authorized agent having jurisdiction
1-32 over an area in which an address on the list is included. The
1-33 authorized agent may use the list for the purpose of implementing
1-34 and enforcing rules under this chapter. This section does not
1-35 apply to a reconnection of service to a location previously served.
1-36 (b) An electric utility may not be held liable for a claim
1-37 arising from the provision of information under this section.
1-38 (c) Information provided by a utility under this section is
1-39 confidential and not subject to disclosure under Chapter 552,
1-40 Government Code, or otherwise, except as provided by this section.
1-41 (d) In this section, "electric utility" means an
1-42 investor-owned utility, electric cooperative corporation, river
1-43 authority, or municipally owned utility that provides distribution
1-44 service to retail customers of electricity.
1-45 SECTION 3. Section 366.017(a), Health and Safety Code, is
1-46 amended to read as follows:
1-47 (a) The commission or authorized agent may require a
1-48 property owner to repair a malfunctioning on-site sewage disposal
1-49 system on the owner's property:
1-50 (1) not later than the 30th day after the date on
1-51 which the owner is notified by the commission or authorized agent
1-52 of the malfunctioning system if the owner has not been notified of
1-53 the malfunctioning system during the preceding 12 months;
1-54 (2) not later than the 20th day after the date on
1-55 which the owner is notified by the commission or authorized agent
1-56 of the malfunctioning system if the owner has been notified of the
1-57 malfunctioning system once during the preceding 12 months; or
1-58 (3) not later than the 10th day after the date on
1-59 which the owner is notified by the commission or authorized agent
1-60 of the malfunctioning system if the owner has been notified of the
1-61 malfunctioning system at least twice during the preceding 12
1-62 months.
1-63 SECTION 4. Subchapter D, Chapter 366, Health and Safety
1-64 Code, is amended by adding Section 366.0515 to read as follows:
2-1 Sec. 366.0515. MAINTENANCE CONTRACT AND PERFORMANCE BOND.
2-2 (a) An authorized agent or the commission may not condition a
2-3 permit or the approval of a permit for an on-site sewage disposal
2-4 system using aerobic treatment for a single-family residence
2-5 located in a county with a population of less than 40,000 on the
2-6 system's owner contracting for the maintenance of the system.
2-7 (b) Except as provided by Subsection (a), an authorized
2-8 agent by order or resolution or the commission by rule may
2-9 condition approval of a permit for an on-site sewage disposal
2-10 system on the system's owner contracting for the maintenance of the
2-11 system. If a maintenance contract is required, the owner of the
2-12 on-site sewage disposal system must submit to the permitting
2-13 authority:
2-14 (1) a signed contract for the maintenance of the
2-15 on-site sewage disposal system; and
2-16 (2) if the on-site sewage disposal system is located
2-17 in a county with a population of more than 2.8 million, a
2-18 performance bond obtained from the person with whom the owner of
2-19 the on-site sewage disposal system has contracted for maintenance
2-20 of the system.
2-21 (c) A performance bond required by Subsection (b) must be:
2-22 (1) solely for the protection of the owner of the
2-23 on-site sewage disposal system;
2-24 (2) conditioned on the faithful performance of the
2-25 maintenance of the on-site sewage disposal system in accordance
2-26 with plans, specifications, laws, regulations, and ordinances of
2-27 the state and the authorized agent;
2-28 (3) in an amount reasonably related to the cost that
2-29 the owner of the on-site sewage disposal system would incur if the
2-30 maintenance company did not adhere to maintenance standards or
2-31 comply with applicable statutes, rules, or ordinances;
2-32 (4) executed by a corporate surety in accordance with
2-33 Section 1, Chapter 87, Acts of the 56th Legislature, Regular
2-34 Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);
2-35 (5) in a form approved by the permitting authority;
2-36 and
2-37 (6) payable to the owner of the on-site sewage
2-38 disposal system.
2-39 (d) If the owner of the on-site sewage disposal system
2-40 enters into a new maintenance contract or revises the original
2-41 maintenance contract, the owner must submit a copy of the new or
2-42 revised maintenance contract and a new performance bond to the
2-43 permitting authority not later than the 30th day after the date on
2-44 which the original contract terminates or is modified.
2-45 (e) The permitting authority may establish and collect a
2-46 reasonable fee to cover the cost of administering the performance
2-47 bond program.
2-48 (f) The installer of an on-site sewage disposal system shall
2-49 provide the owner of the system with information regarding
2-50 maintenance of the system at the time the system is installed.
2-51 (g) The owner of a single-family residence located in a
2-52 county with a population of less than 40,000 shall maintain the
2-53 system directly or through a maintenance contract. If the owner
2-54 elects to maintain the system directly, the owner must obtain
2-55 training in system maintenance from the authorized agent or the
2-56 installer.
2-57 SECTION 5. Section 366.092(a), Health and Safety Code, is
2-58 amended to read as follows:
2-59 (a) If it appears that a person has violated, is violating,
2-60 or is threatening to violate any provision of this chapter, or any
2-61 rule, permit, or other order of the commission issued pursuant to
2-62 this chapter, an authorized agent or, at the request of the
2-63 commission, [may request] the attorney general may [to] bring a
2-64 civil suit for:
2-65 (1) mandatory or prohibitory injunctive relief, as
2-66 warranted by the facts;
2-67 (2) a civil penalty as provided by this chapter; or
2-68 (3) both injunctive relief and civil penalty.
2-69 SECTION 6. Section 366.0922, Health and Safety Code, is
3-1 amended to read as follows:
3-2 Sec. 366.0922. COMMISSION ENFORCEMENT AT LOCAL GOVERNMENT
3-3 REQUEST [DESIGNATED SOLE AUTHORITY TO ENFORCE]. A [The commission
3-4 shall be the sole authority designated to initiate an enforcement
3-5 action under Sections 366.092, 366.0921, and 366.0924. However, a]
3-6 local government may request that the commission initiate an
3-7 enforcement action under this chapter [pursuant to these sections]
3-8 through a petition filed with the commission. If the commission
3-9 chooses to initiate an enforcement action on behalf of a local
3-10 government, civil penalties recovered shall be divided between the
3-11 local government and the state based on the proportion of resources
3-12 expended by each entity in the course of enforcement action.
3-13 SECTION 7. Section 366.0923, Health and Safety Code, is
3-14 amended to read as follows:
3-15 Sec. 366.0923. FEES AND COSTS RECOVERABLE. If an authorized
3-16 agent or the state prevails in a suit under this subchapter, it may
3-17 recover reasonable attorney's fees, court costs, and reasonable
3-18 investigative costs incurred in relation to the proceeding.
3-19 SECTION 8. (a) This Act takes effect September 1, 1997.
3-20 (b) The change in law made by Section 366.0515, Health and
3-21 Safety Code, as added by this Act, requiring submission of a
3-22 performance bond applies only to an application for a permit for an
3-23 on-site sewage disposal system that is filed on or after September
3-24 1, 1997, with the Texas Natural Resource Conservation Commission or
3-25 with an authorized agent designated by the commission under Section
3-26 366.031, Health and Safety Code.
3-27 SECTION 9. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
3-31 days in each house be suspended, and this rule is hereby suspended.
3-32 * * * * *