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.

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