By Bailey H.B. No. 3291
75R6557 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to performance bonds for on-site sewage disposal systems.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 366.032, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 366.032. ORDER OR RESOLUTION; REQUIREMENTS. (a) The
1-7 local governmental entity's order or resolution must:
1-8 (1) incorporate the commission's rules on abatement or
1-9 prevention of pollution and the prevention of injury to the public
1-10 health;
1-11 (2) meet the commission's minimum requirements for
1-12 on-site sewage disposal systems; and
1-13 (3) include a written enforcement plan.
1-14 (b) A local governmental entity in its order or resolution
1-15 may provide that a property owner may not connect an on-site sewage
1-16 disposal system with water, sewer, electricity, gas, or other
1-17 utility service if the on-site sewage disposal system does not
1-18 comply with a rule, requirement, or standard included in or adopted
1-19 by the order or resolution under this section. If a local
1-20 governmental entity prohibits the connection of an on-site sewage
1-21 disposal system with water, sewer, electricity, gas, or other
1-22 utility service under this section, the person providing those
1-23 utility services may not connect the on-site sewage disposal system
1-24 with utility services until the person obtains written
2-1 certification from the local governmental entity that the on-site
2-2 sewage disposal system complies with the rules adopted under this
2-3 section.
2-4 (c) If the order or resolution adopts more stringent
2-5 standards for on-site sewage disposal systems than this chapter or
2-6 the commission's standards and provides greater public health and
2-7 safety protection, the authorized agent's order or resolution
2-8 prevails over this chapter or the standards.
2-9 (d) [(c)] An authorized agent must obtain commission
2-10 approval of substantive amendments to the agent's order or
2-11 resolution if the amendment results in a standard less stringent
2-12 than standards adopted by the authorized agent that are subject to
2-13 Subsection (c).
2-14 SECTION 2. Subchapter D, Chapter 366, Health and Safety
2-15 Code, is amended by adding Section 366.0515 to read as follows:
2-16 Sec. 366.0515. PERFORMANCE BOND REQUIRED. (a) An
2-17 authorized agent or the commission may not approve a permit for an
2-18 on-site sewage disposal system unless the owner of the on-site
2-19 sewage disposal system has submitted to the permitting authority:
2-20 (1) a signed contract for the maintenance of the
2-21 on-site sewage disposal facility; and
2-22 (2) a performance bond obtained from the person with
2-23 whom the owner of the on-site sewage disposal facility has
2-24 contracted for maintenance of the facility.
2-25 (b) A performance bond required by Subsection (a) must be:
2-26 (1) solely for the protection of the owner of the
2-27 on-site sewage disposal system;
3-1 (2) conditioned on the faithful performance of the
3-2 maintenance of the on-site sewage disposal system in accordance
3-3 with plans, specifications, laws, regulations, and ordinances of
3-4 the state and the authorized agent;
3-5 (3) in an amount reasonably related to the cost that
3-6 the owner of the on-site sewage disposal system would incur if the
3-7 maintenance company did not adhere to maintenance standards or
3-8 comply with applicable statutes, rules, or ordinances;
3-9 (4) executed by a corporate surety in accordance with
3-10 Section 1, Chapter 87, Acts of the 56th Legislature, Regular
3-11 Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);
3-12 (5) in a form approved by the permitting authority;
3-13 and
3-14 (6) payable to the owner of the on-site sewage
3-15 disposal system.
3-16 (c) If the owner of the on-site sewage disposal system
3-17 enters into a new maintenance contract or revises the original
3-18 maintenance contract, the owner must submit a copy of the new or
3-19 revised maintenance contract and a new performance bond to the
3-20 permitting authority not later than the 30th day after the date on
3-21 which the original contract terminates or is modified.
3-22 (d) The permitting authority may establish and collect a
3-23 reasonable fee to cover the cost of administering the performance
3-24 bond program.
3-25 SECTION 3. (a) This Act takes effect September 1, 1997.
3-26 (b) The change in law made by Section 366.0515, Health and
3-27 Safety Code, as added by this Act, applies only to an application
4-1 for a permit for an on-site sewage disposal system that is filed on
4-2 or after September 1, 1997, with the Texas Natural Resource
4-3 Conservation Commission or with an authorized agent designated by
4-4 the commission under Section 366.031, Health and Safety Code.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.